[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 45CFR79.30]



[Page 292]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 79_PROGRAM FRAUD CIVIL REMEDIES--Table of Contents

 

Sec.  79.30  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.  79.3 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 ordered 

by the ALJ for good cause shown.