[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR33.30]



[Page 82]

 

                           TITLE 34--EDUCATION

 

PART 33_PROGRAM FRAUD CIVIL REMEDIES ACT--Table of Contents

 

Sec.  33.30  The hearing and burden of proof.



    (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 Sec.  33.3 and, if so, the appropriate amount of the 

civil penalty or assessment considering any aggravating or mitigating 

factors.

    (b) The Department shall prove a 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 must be open to the public unless otherwise ordered 

by the ALJ for good cause shown.



(Authority: 31 U.S.C. 3803 (f), (g)(2))