TITLE 22 - FOREIGN RELATIONS

CHAPTER I - DEPARTMENT OF STATE

SUBCHAPTER D - CLAIMS AND STOLEN PROPERTY

PART 35 - PROGRAM FRAUD CIVIL REMEDIES

35.30 - The hearing and burden of proof.

  (a) The ALJ shall conduct a hearing on the record in order to determine whether the defendant is liable for a civil penalty or assessment under 35.3 and, if so, the appropriate amount of any such civil penalty or assessment considering any aggravating or mitigating factors.

  (b) The authority shall prove defendant's liability and any aggravating factors by a preponderance of the evidence.

  (c) The defendant shall prove any affirmative defenses and any mitigating factors by a preponderance of the evidence.

  (d) The hearing shall be open to the public unless otherwise ordered by the ALJ for good cause shown.