{"data":{"id":"us/20-cfr-498.215","jurisdiction":"us","citation":"20 CFR 498.215","heading":"The hearing and burden of proof.","body":"(a) The ALJ will conduct a hearing on the record in order to determine whether the respondent should be found liable under this part.\n(b) In civil monetary penalty cases under §§ 498.100 through 498.132:\n(1) The respondent has the burden of going forward and the burden of persuasion with respect to affirmative defenses and any mitigating circumstances; and\n(2) The Inspector General has the burden of going forward and the burden of persuasion with respect to all other issues.\n(c) The burden of persuasion will be judged by a preponderance of the evidence.\n(d) The hearing will be open to the public unless otherwise ordered by the ALJ for good cause.\n(e)(1) A hearing under this part is not limited to specific items and information set forth in the notice letter to the respondent. Subject to the 15-day requirement under § 498.208, additional items or information may be introduced by either party during its case-in-chief, unless such information or items are inadmissible under § 498.217.\n(2) After both parties have presented their cases, evidence may be admitted on rebuttal as to those issues presented in the case-in-chief, even if not previously exchanged in accordance with § 498.208.","path":["Title 20—Employees' Benefits","CHAPTER III—SOCIAL SECURITY ADMINISTRATION","PART 498—CIVIL MONETARY PENALTIES, ASSESSMENTS AND RECOMMENDED EXCLUSIONS"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-20.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:24:45Z","sha256":"224f3ce49384df47f707341419b8cdb8b031707faf8dd54009c42ee5c34919cf","source_id":"us-cfr","stale":true,"prev":"us/20-cfr-498.214","next":"us/20-cfr-498.216"},"notice":"GroundRules: Original legal text. Not legal advice."}