---
kind: "section"
citation: "45 C.F.R. § 150.443"
title: "45"
number: "150.443"
heading: "Standard of proof."
url: "https://uscodex.org/cfr/45/150.443"
---

# §150.443. Standard of proof.

- (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.

## Notes

### Authority

Authority: 42 U.S.C. 300gg through 300gg-63, 300gg-91, and 300gg-92, as amended.

### Source

Source: 64 FR 45795, Aug. 20, 1999, unless otherwise noted.