Section 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.