Page:United States Statutes at Large Volume 100 Part 3.djvu/133

 PUBLIC LAW 99-509—OCT. 21, 1986

100 STAT. 1941

"(xvi) benefits under part A of the Energy Conservation in Existing Buildings Act of 1976, which are intended for the personal use of the individual who receives the benefits or for a member of the individual's family. "(d)(1) On or after the date on which a reviewing official is permitted to refer allegations of liability to a presiding officer under subsection (b) of this section, the reviewing official shall mail, by registered or certified mail, or shall deliver, a notice to the person alleged to be liable under section 3802 of this title. Such notice shall specify the allegations of liability against such person and shall state the right of such person to request a hearing with respect to such allegations. "(2) If, within 30 days after receiving a notice under paragraph (1) of this subsection, the person receiving such notice requests a hearing with respect to the allegations contained in such notice— "(A) the reviewing official shall refer such allegations to a presiding officer for the commencement of such hearing; and "(B) the presiding officer shall commence such hearing by mailing by registered or certified mail, or by delivery of, a notice which complies with paragraphs (2)(A) and (3)(B)(i) of subsection (g) to such person. "(e)(1)(A) Except as provided in subparagraph (B) of this paragraph, at any time after receiving a notice under paragraph (2)(B) of subsection (d), the person receiving such notice shall be entitled to review, and upon payment of a reasonable fee for duplication, shall be entitled to obtain a copy of, all relevant and material documents, transcripts, records, and other materials, which relate to such allegations and upon which the findings and conclusions of the investigating officigil under paragraph (1) of subsection (a) are based. "(B) A person is not entitled under subparagraph (A) to review and obtain a copy of any document, transcript, record, or material which is privileged under Federal law. "(2) At any time after receiving a notice under paragraph (2)(B) of subsection (d), the person receiving such notice shall be entitled to obtain all exculpatory information in the possession of the investigating official or the reviewing official relating to the allegations contained in such notice. The provisions of subparagraph (B) of paragraph (1) do not apply to any document, transcript, record, or other material, or any portion thereof, in which such exculpatory information is contained. "(f) Any hearing commenced under paragraph (2) of subsection (d) shall be conducted by the presiding officer on the record in order to determine— "(1) the liability of a person under section 3802 of this title; and "(2) if a person is determined to be liable under such section, the amount of any civil penalty or assessment to be imposed on such person. Any such determination shall be based on the preponderance of the evidence. "(g)(1) Each hearing under subsection (f) of this section shall be conducted— "(A) in the case of an authority to which the provisions of subchapter II of chapter 5 of title 5 apply, in accordance with— "(i) the provisions of such subchapter to the extent that such provisions are not inconsistent with the provisions of this chapter; and

42 USC 6861.

Ante, p. 1937. ,,

Records.

Records,

5 USC 551 et seq.

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