GroundRules
28 CFR 71.30: The hearing and burden of proof.
Where this section sits in the code
- Title 28—Judicial Administration
- CHAPTER I—DEPARTMENT OF JUSTICE
- 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
(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.
Collected 2026-08-27T02:25:14Z. Source file · JSON