CFR › Title 45 › Part 1149 › §1149.4845 CFR §1149.48Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗Copy link(a)The NEA must prove your liability and any aggravating factors by a preponderance of the evidence.(b)You must prove any affirmative defenses and any mitigating factors by a preponderance of the evidence.