{"data":{"id":"us/28-cfr-71.30","jurisdiction":"us","citation":"28 CFR 71.30","heading":"The hearing and burden of proof.","body":"(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.\n(b) The authority shall prove defendant's liability and any aggravating factors by a preponderance of the evidence.\n(c) The defendant shall prove any affirmative defenses and any mitigating factors by a preponderance of the evidence.\n(d) The hearing shall be open to the public unless otherwise closed by the ALJ for good cause shown.","path":["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"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-28.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:25:14Z","sha256":"cf18160d6f821b259b5f0dc88da714970c196a31ef790c11714ed1a36533f1c0","source_id":"us-cfr","stale":true,"prev":"us/28-cfr-71.29","next":"us/28-cfr-71.31"},"notice":"GroundRules: Original legal text. Not legal advice."}