1. Regulations
  2. title 42
  3. chapter IV-i1
  4. part 426
  5. subpart C
  6. § 426.330

View all text of Subpart C [§ 426.300 - § 426.340]

§ 426.330 - Burden of proof.

During an LCD or NCD review, an aggrieved party bears the burden of proof and the burden of persuasion for the issue(s) raised in a complaint. The burden of persuasion is judged by a preponderance of the evidence.

AUTHORITY: Secs. 1102 and 1871 of the Social Security Act (42 U.S.C. 1302 and 1395hh)

SOURCE: 68 FR 63716, Nov. 7, 2003, unless otherwise noted.

CITE AS: 42 CFR 426.330