45 CFR 156.943 - Standard of proof.

Regulations last checked for updates: Nov 25, 2024

Title 45 - Public Welfare last revised: Nov 19, 2024

§ 156.943 - Standard of proof.

(a) In all cases before an ALJ—

(1) CMS has the burden of coming forward with evidence sufficient to establish a prima facie case;

(2) The respondent has the burden of coming forward with evidence in response, once CMS has established a prima facie case; and

(3) CMS has the burden of persuasion regarding facts material to the assessment or decertification; and

(4) The respondent has the burden of persuasion regarding facts relating to an affirmative defense.

(b) The preponderance of the evidence standard applies to all cases before the ALJ.

authority: 42 U.S.C. 18021-18024,18031,18041,18044,18054,18061,18063,18071,18082,and.S.C. 36B

source: 76 FR 77411, Dec. 13, 2011, unless otherwise noted.

cite as: 45 CFR 156.943