6 CFR 13.30: The hearing and burden of proof.
Where this section sits in the code
- Title 6—Domestic Security
- CHAPTER I—DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY
- PART 13—ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS
(a) The Presiding Officer will conduct a hearing on the record in order to determine whether the Defendant is liable for a civil penalty or assessment under § 13.3 and, if so, the appropriate amount of any such civil penalty or assessment considering any aggravating or mitigating factors.
(b) The Authority will prove Defendant's liability and any aggravating factors by a preponderance of the evidence.
(c) The Defendant will prove any affirmative defenses and any mitigating factors by a preponderance of the evidence.
(d) The hearing will be open to the public unless otherwise ordered by the Presiding Officer for good cause shown.
Collected 2026-08-27T02:23:54Z. Source file · JSON