45 C.F.R. § 150.443 – Standard of proof.

(a) In all cases before an ALJ—
1. (1) CMS has the burden of coming forward with evidence sufficient to establish a prima facie case;
2. (2) The respondent has the burden of coming forward with evidence in response, once CMS has established a prima facie case; and
3. (3) CMS has the burden of persuasion regarding facts material to the assessment; and
4. (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.