45 C.F.R. § 150.443 Standard of proof.
Title 45 - Public Welfare
(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; 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.
Title 45: Public Welfare
PART 150—CMS ENFORCEMENT IN GROUP AND INDIVIDUAL INSURANCE MARKETS
Subpart D—Administrative Hearings
§ 150.443 Standard of proof.
