Code of Federal Regulations (Last Updated: April 5, 2024) |
Title 45 - Public Welfare |
Subtitle A - Department of Health and Human Services |
SubChapter B - Requirements Relating to Health Care Access |
Part 150 - CMS Enforcement in Group and Individual Insurance Markets |
Subpart D - Administrative Hearings |
§ 150.443 - Standard of proof.
Latest version.
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§ 150.443 Standard of proof.
(a) In all cases before an ALJ - 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; 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.