---
kind: "section"
citation: "45 C.F.R. § 156.943"
title: "45"
number: "156.943"
heading: "Standard of proof."
url: "https://uscodex.org/cfr/45/156.943"
---

# §156.943. 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 or decertification; 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

### Source

Source: 78 FR 65101, Oct. 30, 2013, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 18021-18024, 18031-18032, 18041-18042, 18044, 18054, 18061, 18063, 18071, 18082, and 26 U.S.C. 36B.

### Source

Source: 76 FR 77411, Dec. 13, 2011, unless otherwise noted.