42 CFR 426.330
§ 426.330 Burden of proof.
United States · 42 CFR — Public Health · Status: effective
Cite this
- Citation
- 42 CFR 426.330, § 426.330 Burden of proof, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/205385
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Full text
During an LCD or NCD review, an aggrieved party bears the burden of proof and the burden of persuasion for the issue(s) raised in a complaint. The burden of persuasion is judged 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.