Arizona Administrative Code
Title 9 - HEALTH SERVICES
Chapter 22 - ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM - ADMINISTRATION
Article 4 - PENALTY FOR OBTAINING ELIGIBILITY BY FRAUD
Section R9-22-407 - Burden of Proof
Universal Citation: AZ Admin Code R 9-22-407
Current through Register Vol. 30, No. 52, December 27, 2024
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.
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