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e-CFR data is current as of January 21, 2021

Title 45Subtitle BChapter VIPart 681 → §681.26


Title 45: Public Welfare
PART 681—PROGRAM FRAUD CIVIL REMEDIES ACT REGULATIONS


§681.26   How will the hearing be conducted and who has the burden of proof?

(a) The ALJ conducts a hearing in order to determine whether a defendant is liable for a civil penalty, assessment, or both and, if so, the appropriate amount of the penalty and/or assessment. The hearing will be recorded and transcribed, and the transcript of testimony, exhibits admitted at the hearing, and all papers filed in the proceeding constitute the record for a decision by the ALJ.

(b) NSF must prove a defendant's liability and any aggravating factors by a preponderance of the evidence.

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

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