TITLE 6 - HOMELAND SECURITY

CHAPTER I - DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY

PART 13 - PROGRAM FRAUD CIVIL REMEDIES

13.30 - The hearing and burden of proof.

  (a) The ALJ will conduct a hearing on the record in order to determine whether the Defendant is liable for a civil penalty or assessment under 13.3 and, if so, the appropriate amount of any such civil penalty or assessment considering any aggravating or mitigating factors.

  (b) The Authority will prove Defendant's liability and any aggravating factors by a preponderance of the evidence.

  (c) The Defendant will prove any affirmative defenses and any mitigating factors by a preponderance of the evidence.

  (d) The hearing will be open to the public unless otherwise ordered by the ALJ for good cause shown.