StacksVerified U.S. regulatory reference

45 CFR §150.443

Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
  1. (a)In all cases before an ALJ—
    1. (1)CMS has the burden of coming forward with evidence sufficient to establish a prima facie case;
    2. (2)The respondent has the burden of coming forward with evidence in response, once CMS has established a prima facie case; and
    3. (3)CMS has the burden of persuasion regarding facts material to the assessment; and
    4. (4)The respondent has the burden of persuasion regarding facts relating to an affirmative defense.
  2. (b)The preponderance of the evidence standard applies to all cases before the ALJ.