{"data":{"id":"us/45-cfr-681.26","jurisdiction":"us","citation":"45 CFR 681.26","heading":"How will the hearing be conducted and who has the burden of proof?","body":"(a) The ALJ conducts a hearing in order to determine whether a defendant is liable for a civil penalty, assessment, or both and, if so, the appropriate amount of the penalty and/or assessment. The hearing will be recorded and transcribed, and the transcript of testimony, exhibits admitted at the hearing, and all papers filed in the proceeding constitute the record for a decision by the ALJ.\n(b) NSF must prove a defendant's liability and any aggravating factors by a preponderance of the evidence.\n(c) A defendant must prove any affirmative defenses and any mitigating factors by a preponderance of the evidence.","path":["Title 45—Public Welfare","Subtitle B—Regulations Relating to Public Welfare","CHAPTER VI—NATIONAL SCIENCE FOUNDATION","PART 681—PROGRAM FRAUD CIVIL REMEDIES ACT REGULATIONS"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-45.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:26:21Z","sha256":"bd331f47eb30f8b1cf2839f0d7b09cde173e916ff0cc29e8affe97e3df7b156c","source_id":"us-cfr","stale":true,"prev":"us/45-cfr-681.25","next":"us/45-cfr-681.27"},"notice":"GroundRules: Original legal text. Not legal advice."}