§498.215. The hearing and burden of proof.
20 C.F.R. § 498.215
The ALJ will conduct a hearing on the record in order to determine whether the respondent should be found liable under this part.
In civil monetary penalty cases under §§ 498.100 through 498.132:
The respondent has the burden of going forward and the burden of persuasion with respect to affirmative defenses and any mitigating circumstances; and
The Inspector General has the burden of going forward and the burden of persuasion with respect to all other issues.
The burden of persuasion will be judged by a preponderance of the evidence.
The hearing will be open to the public unless otherwise ordered by the ALJ for good cause.
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.
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.
Notes, amendments, and revision history
Amendments
[61 FR 65471, Dec. 13, 1996]
Authority
Authority: Secs. 702(a)(5), 1129, and 1140 of the Social Security Act (42 U.S.C. 902(a)(5), 1320a-8, and 1320b-10).
Source
Source: 60 FR 58226, Nov. 27, 1995, unless otherwise noted.
Amendments
[61 FR 65471, Dec. 13, 1996]