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A BIA certification of Indian blood quantum combined with a birth certificate confirming the identities of the parents as identified in the BIA certification shall constitute a prima facie showing of enrollment eligibility . Her opinion standing alone would be sufficient to find a prima facie case of a violation , but there is also much other evidence in support of this deficiency . The difficulties with the suggested approach are obvious : if the Government proves only possession and if possession is itself insufficient evidence of either importation or knowledge , but the statute nevertheless permits conviction where the defendant chooses not to explain , the Government is clearly relieved of its obligation to prove its case , unaided by the defendant , and the defendant is made to understand that if he fails to explain he can be convicted on less than sufficient evidence to constitute a prima facie case . The applicant had not discharged the onus on them to provide a prima facie case and the application for invalidation failed accordingly . To make a prima facie case that its decision was legally sufficient in this case , CMS must : ( 1 ) identify the statute , regulation or other legal criteria to which it seeks to hold the provider ; ( 2 ) come forward with evidence upon which it relies for its factual conclusions that are disputed by the Petitioner ; and ( 3 ) show how the deficiencies it found amount to noncompliance that warrants an enforcement remedy . It concluded ( 1 ) that plaintiffs ' evidence did not make a prima facie showing that Kathleen actually permitted ( as opposed to merely acquiesced in ) her children 's use of the property and ( 2 ) that , even if Kathleen had permitted or authorized such use , such authorized use by a third person who is not the cotenant 's agent ( and there is no suggestion in this record that Kathleen 's children were acting on Kathleen 's behalf ) is not sufficient to establish exclusive use by the " authorizing " parties . Even if this record were to demonstrate a prima facie case , the Respondent has presented a legitimate , nondiscriminatory explanation of its actions as required by the McDonnell Douglas / Burdine paradigm setting forth the shifting burden of proof in discrimination cases . In a civil money penalty case , CMS must make a prima facie case that the facility has failed to comply substantially with participation requirements . Based on all the evidence of record , I conclude that CMS has failed to make a prima facie case of any deficiency under any edition of the Life Safety Code in this case . I reject Petitioner 's argument that CMS failed to make a prima facie showing of a violation in this instance .