Ariz. Admin. Code § 9-22-407

Current through Register Vol. 30, No. 24, June 14, 2024

Section R9-22-407 - Burden of Proof

A. In any State Fair Hearing conducted under this Article, AHCCCS shall prove a violation of A.R.S. § 36-2905.04 and/ or 36-2991, and any aggravating circumstances by a preponderance of the evidence.

B. AHCCCS does not have to prove any specific intent to defraud.

C. A person shall bear the burden of producing and proving by a preponderance of the evidence any affirmative defense or any circumstance that would justify reducing the amount of the penalty.

Ariz. Admin. Code § R9-22-407

New Section made by final rulemaking at 22 A.A.R. 3191, effective 10/19/2016.