---
kind: "section"
citation: "42 C.F.R. § 426.330"
title: "42"
number: "426.330"
heading: "Burden of proof."
url: "https://uscodex.org/cfr/42/426.330"
---

# §426.330. Burden of proof.


During an LCD or NCD review, an aggrieved party bears the burden of proof and the burden of persuasion for the issue(s) raised in a complaint. The burden of persuasion is judged by a preponderance of the evidence.


## Notes

### Authority

Authority: Secs. 1102 and 1871 of the Social Security Act (42 U.S.C. 1302 and 1395hh)

### Source

Source: 68 FR 63716, Nov. 7, 2003, unless otherwise noted.