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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 31 - Money and Finance: Treasury |
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Subtitle A - Office of the Secretary of the Treasury |
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Part 16 - Regulations Implementing the Program Fraud Civil Remedies Act of 1986 |
§ 16.30 - The hearing and burden of proof.
Latest version.
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§ 16.30 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 § 16.3 and, if so, the appropriate amount of any such civil penalty or assessment considering any aggravating or mitigating factors.
(b) The authority shall have the burden of proving defendant's liability and any aggravating factors by a preponderance of the evidence.
(c) The defendant shall have the burden of proving 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.