45 CFR 681.26
§ 681.26 How will the hearing be conducted and who has the burden of proof?
United States · 45 CFR — Public Welfare · Status: effective
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- Citation
- 45 CFR 681.26, § 681.26 How will the hearing be conducted and who has the burden of proof?, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/219825
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Full text
(a) The ALJ conducts a hearing in order to determine whether a defendant is liable for a civil penalty, assessment, or both and, if so, the appropriate amount of the penalty and/or assessment. The hearing will be recorded and transcribed, and the transcript of testimony, exhibits admitted at the hearing, and all papers filed in the proceeding constitute the record for a decision by the ALJ.
(b) NSF must prove a defendant's liability and any aggravating factors by a preponderance of the evidence.
(c) A defendant must prove any affirmative defenses and any mitigating factors by a preponderance of the evidence.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.