28 C.F.R. § 71.30 The hearing and burden of proof.
Title 28 - Judicial Administration
(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. (b) The authority shall prove defendant's liability and any aggravating factors by a preponderance of the evidence. (c) The defendant shall prove any affirmative defenses and any mitigating factors by a preponderance of the evidence. (d) The hearing shall be open to the public unless otherwise closed by the ALJ for good cause shown.
Title 28: Judicial Administration
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
§ 71.30 The hearing and burden of proof.
