28 CFR 71.30 - The hearing and burden of proof.
Code of Federal Regulations - Title 28: Judicial Administration (2010)
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Title 28: Judicial Administration
CHAPTER I: DEPARTMENT OF JUSTICE (CONTINUED)
PART 71: IMPLEMENTATION OF THE PROVISIONS OF THE PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986
Subpart A: Implementation for Actions Initiated by the Department of Justice
71.30 - 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 ? 71.3 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 closed by the ALJ for good cause shown.
