Burden and degree of proof.

CFR · 2024-01-01 · US · Title 4

(a) In appealable actions, as defined by 5 U.S.C. 7701(a), agency action must be sustained by the Board if: (1) It is a performance-based action and is supported by substantial evidence; or (2) It is brought under any other provision of law, rule, or regulation as defined by 5 U.S.C. 7701(a) and is supported by a preponderance of evidence. (b) Notwithstanding paragraph (a) of this section, the agency's decision shall not be sustained if the petitioner: (1) Shows harmful error in the application of the agency's procedures in arriving at such decision; (2) Shows that the decision was based on any prohibited personnel practice described in 4 CFR 2.5; or (3) Shows that the decision was not in accordance with law. (c) In any other action within the Board's jurisdiction, the petitioner shall have the responsibility of presenting the evidence in support of the action and shall have the burden of proving the allegations of the appeal by a preponderance of the evidence. (d)

official document · source cfr-2024 · id 4:§ 28.61