Section 498.215 - The hearing and burden of proof(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 .