45 CFR 156.943
§ 156.943 Standard of proof.
United States · 45 CFR — Public Welfare · Status: effective
Cite this
- Citation
- 45 CFR 156.943, § 156.943 Standard of proof, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/217809
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Full text
(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.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.