The ALJ will conduct a hearing on the record in order to determine whether the respondent should be found liable under this part.
In civil monetary penalty cases under §§ 498.100 through 498.132:
The respondent has the burden of going forward and the burden of persuasion with respect to affirmative defenses and any mitigating circumstances; and
The Inspector General has the burden of going forward and the burden of persuasion with respect to all other issues.
The burden of persuasion will be judged by a preponderance of the evidence.
The hearing will be open to the public unless otherwise ordered by the ALJ for good cause.
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.
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.
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