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.