5 CFR 1201.56 - Burden and degree of proof
| Cite as | 5 CFR 1201.56 |
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635 practice notes
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Practices and Procedures
...from interested parties. The petition asks the MSPB to replace the definition of Page 62363 ``preponderance of the evidence'' in 5 CFR 1201.56(c)(2) and correct a perceived error regarding the burdens of proof in a case under 5 U.S.C. 4303 in its holding in Griffin v. Department of the Army......
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Wilder v. Prokop, No. 84-2540
...personnel practice such as discrimination because of political affiliation. 5 U.S.C. Secs. 7701(c)(2)(B) and 2302(b)(1)(E); 5 C.F.R. Sec. 1201.56(b)(2) 12 Under the Bush v. Lucas doctrine, we are convinced there is no direct independent judicial remedy for Wilder. His only judicial review a......
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Garcia v. Department of Homeland Security, No. 04-3442.
...the Board's own regulation that places the burden on the claimant to establish jurisdiction by a preponderance of the evidence. See 5 C.F.R. § 1201.56 (2004). Since Cruz, the typical procedure in constructive adverse action cases first grants a claimant a jurisdictional hearing if the emplo......
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Devine v. White, No. 81-1893
...only by errors that, if absent or cured, "might have caused the agency to reach a conclusion different than the one reached." 5 C.F.R. Sec. 1201.56(c)(3) (1982). "Unless it is likely that an alleged error affected the result," the MSPB believes, "its occurrence cannot have been prejudicial.......
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609 cases
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Murray v. US Dept. of Justice, No. CV-91-0539.
...sustain an Agency's decision in a "mixed case" if that decision is supported by a preponderance of the evidence. 5 U.S.C. § 7701(c)(2); 5 C.F.R. § 1201.56.6 A petition for judicial review of an adverse MSPB decision in a "mixed case" must be filed within 30 days of receiving notice of the B......
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Coulibaly v. Kerry, Civil Action No.: 14-0189 (RC)
...Act violations in Count 16 of the complaint). And to the extent that Dr. Coulibaly seeks to bring claims under 5 U.S.C. § 2302(b) or 5 C.F.R. § 1201.56, those authorities do not contain a private right of action. See 5 U.S.C. § 2302(b)(1) (prohibiting discrimination in federal employment, b......
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Wilder v. Prokop, No. 84-2540
...personnel practice such as discrimination because of political affiliation. 5 U.S.C. Secs. 7701(c)(2)(B) and 2302(b)(1)(E); 5 C.F.R. Sec. 1201.56(b)(2) 12 Under the Bush v. Lucas doctrine, we are convinced there is no direct independent judicial remedy for Wilder. His only judicial review a......
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Garcia v. Department of Homeland Security, No. 04-3442.
...the Board's own regulation that places the burden on the claimant to establish jurisdiction by a preponderance of the evidence. See 5 C.F.R. § 1201.56 (2004). Since Cruz, the typical procedure in constructive adverse action cases first grants a claimant a jurisdictional hearing if the emplo......
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1 books & journal articles
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Firing the Unproductive Employee: Will Civil Service Reform Make a Difference?
...S. Court of Appeals or Court of Claims. Decisions of negotiated grievances may alsobe appealed in court. 5 MSPB regulation appearing at 5 CFR. 1201.56 (c) (3). MSPB recently clarified the of "harmful error." "... the question is whether it was within the range of appreciable probabili-ty th......