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Code of Federal Regulations Title 45. Public Welfare § 45.156.943 Standard of proof

Current as of January 02, 2025 | Updated by Findlaw Staff

(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.

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Cite this article: FindLaw.com - Code of Federal Regulations Title 45. Public Welfare § 45.156.943 Standard of proof - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-45-public-welfare/cfr-sect-45-156-943/

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