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e-CFR data is current as of June 11, 2021

Title 45Subtitle ASubchapter CPart 160Subpart E → §160.536

Title 45: Public Welfare
Subpart E—Procedures for Hearings

§160.536   Statistical sampling.

(a) In meeting the burden of proof set forth in §160.534, the Secretary may introduce the results of a statistical sampling study as evidence of the number of violations under §160.406 of this part, or the factors considered in determining the amount of the civil money penalty under §160.408 of this part. Such statistical sampling study, if based upon an appropriate sampling and computed by valid statistical methods, constitutes prima facie evidence of the number of violations and the existence of factors material to the proposed civil money penalty as described in §§160.406 and 160.408.

(b) Once the Secretary has made a prima facie case, as described in paragraph (a) of this section, the burden of going forward shifts to the respondent to produce evidence reasonably calculated to rebut the findings of the statistical sampling study. The Secretary will then be given the opportunity to rebut this evidence.

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