§ 498.215. The hearing and burden of proof.
204 words·~1 min read·
/us/cfr/t20/s§ 498.215·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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:
(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, 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.
(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. [61 FR 65471, Dec. 13, 1996]