5 CFR 1201.56 - Burden and degree of proof

Cite as5 CFR 1201.56
    • This document is available in original version only for vLex customers

      View this document and try vLex for 7 days
    • TRY VLEX
635 practice notes
  • Practices and Procedures
    • United States
    • Federal Register October 12, 2012
    • October 12, 2012
    ...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......
  • Wilder v. Prokop, No. 84-2540
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • May 10, 1988
    ...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......
  • Garcia v. Department of Homeland Security, No. 04-3442.
    • United States
    • United States Courts of Appeals. United States Court of Appeals for the Federal Circuit
    • February 10, 2006
    ...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......
  • Devine v. White, No. 81-1893
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • January 7, 1983
    ...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.......
  • Request a trial to view additional results
609 cases
  • Murray v. US Dept. of Justice, No. CV-91-0539.
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • May 11, 1993
    ...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......
  • Coulibaly v. Kerry, Civil Action No.: 14-0189 (RC)
    • United States
    • United States District Courts. United States District Court (Columbia)
    • September 30, 2016
    ...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......
  • Wilder v. Prokop, No. 84-2540
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • May 10, 1988
    ...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......
  • Garcia v. Department of Homeland Security, No. 04-3442.
    • United States
    • United States Courts of Appeals. United States Court of Appeals for the Federal Circuit
    • February 10, 2006
    ...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......
  • Request a trial to view additional results
1 books & journal articles
  • Firing the Unproductive Employee: Will Civil Service Reform Make a Difference?
    • United States
    • Review of Public Personnel Administration Nbr. 2-2, March 1982
    • March 1, 1982
    ...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......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT