45 CFR § 681.26 - How will the hearing be conducted and who has the burden of proof?
---
identifier: "/us/cfr/t45/s681.26"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "45 CFR § 681.26 - How will the hearing be conducted and who has the burden of proof?"
title_number: 45
title_name: "Public Welfare"
section_number: "681.26"
section_name: "How will the hearing be conducted and who has the burden of proof?"
chapter_name: "NATIONAL SCIENCE FOUNDATION"
part_number: "681"
part_name: "PROGRAM FRAUD CIVIL REMEDIES ACT REGULATIONS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
regulatory_source: "74 FR 26794, June 4, 2009, unless otherwise noted."
cfr_part: "681"
---
# 681.26 How will the hearing be conducted and who has the burden of proof?
(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.