---
kind: "section"
citation: "20 C.F.R. § 498.215"
title: "20"
number: "498.215"
heading: "The hearing and burden of proof."
url: "https://uscodex.org/cfr/20/498.215"
---

# §498.215. The hearing and burden of proof.

- (a) The ALJ will conduct a hearing on the record in order to determine whether the respondent should be found liable under this part.
- (b) In civil monetary penalty cases under [§§ 498.100 through 498.132](/cfr/20/498.100..498.132.md):
  - (1) The respondent has the burden of going forward and the burden of persuasion with respect to affirmative defenses and any mitigating circumstances; and
  - (2) The Inspector General has the burden of going forward and the burden of persuasion with respect to all other issues.
- (c) The burden of persuasion will be judged by a preponderance of the evidence.
- (d) The hearing will be open to the public unless otherwise ordered by the ALJ for good cause.
- (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](/cfr/20/498.208.md), 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](/cfr/20/498.217.md).
  - (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](/cfr/20/498.208.md).

## Notes

### 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]