45 CFR § 1149.47 - How will the hearing be conducted?
(a) The ALJ conducts a hearing on the record in order:
(1) To determine whether you are liable for a civil penalty, assessment, or both; and
(2) If so, to determine the appropriate amount of the penalty and/or assessment, considering any aggravating or mitigating factors.
(b) The hearing will be recorded and transcribed, and the transcript of testimony, exhibits admitted at the hearing, and all papers filed in the proceeding constitute the record for a decision by the ALJ.
(c) The hearing will be open to the public unless otherwise ordered by the ALJ for good cause shown.