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e-CFR data is current as of September 18, 2020

Title 7Subtitle APart 1Subpart L → §1.329


Title 7: Agriculture
PART 1—ADMINISTRATIVE REGULATIONS
Subpart L—Procedures Related to Administrative Hearings Under the Program Fraud Civil Remedies Act of 1986


§1.329   The hearing and burden of proof.

(a) The ALJ shall conduct a hearing on the record in order to determine whether the respondent is liable for a civil penalty or assessment under §1.303 of this part, and if so, the appropriate amount of any such civil penalty or assessment considering any aggravating or mitigating factors.

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

(c) The respondent 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.

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