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Federal regulations · Through 2026-08-25 · Newer source version available

6 CFR 13.30: The hearing and burden of proof.

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Where this section sits in the code
  1. Title 6—Domestic Security
  2. CHAPTER I—DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY
  3. 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

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