{"data":{"id":"us/45-cfr-150.443","jurisdiction":"us","citation":"45 CFR 150.443","heading":"Standard of proof.","body":"(a) In all cases before an ALJ—\n(1) CMS has the burden of coming forward with evidence sufficient to establish a prima facie case;\n(2) The respondent has the burden of coming forward with evidence in response, once CMS has established a prima facie case; and\n(3) CMS has the burden of persuasion regarding facts material to the assessment; and\n(4) The respondent has the burden of persuasion regarding facts relating to an affirmative defense.\n(b) The preponderance of the evidence standard applies to all cases before the ALJ.","path":["Title 45—Public Welfare","SUBTITLE A—Department of Health and Human Services","SUBCHAPTER B—REQUIREMENTS RELATING TO HEALTH CARE ACCESS","PART 150—CMS ENFORCEMENT IN GROUP AND INDIVIDUAL INSURANCE MARKETS","Subpart D—Administrative Hearings"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-45.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:26:21Z","sha256":"f763c0de824705a34b6ed568fdf93adafc59e177511864c74394faad810bf7b9","source_id":"us-cfr","stale":true,"prev":"us/45-cfr-150.441","next":"us/45-cfr-150.445"},"notice":"GroundRules: Original legal text. Not legal advice."}