; and (ii) the presiding officer shall commence the hearing by mailing by registered or certified mail, or by delivery of, a notice that complies with clauses (ii)(I) and (iii)(I) of paragraph (3)(B) to that individual. (2) Relevant documents (A) In general Except as provided in subparagraph (B), at any time after receiving a notice under paragraph (1)(A), the individual receiving the 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 the allegations and upon which the findings and conclusions of the reviewing official are based. (B) Privileged information An individual is not entitled under subparagraph (A) to review and obtain a copy of any document, transcript, record, or material that is privileged under Federal law. (C) Exculpatory information At any time after receiving a notice under paragraph (1)(A), the individual receiving the notice shall be entitled to obtain all exculpatory information in the possession of the reviewing official relating to the allegations contained in the notice. Subparagraph (B) shall not apply to any document, transcript, record, or other material, or any portion thereof, in which such exculpatory information is contained. (3) Hearings (A) In general Any hearing commenced under paragraph (1)(B)(ii) shall be conducted by the presiding officer on the record in order to determine, based on the preponderance of the evidence— (i) the liability of an individual under section 3