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Burden and degree of proof

Cited in 912 Amendments 1 Related
CurrencyCurrent through May 31, 2023
Citation 5 C.F.R. §1201.56
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4 cases
  • Jones v. U.S. Merit Sys. Prot. Bd.
    • United States
    • U.S. Court of Appeals — Fourth Circuit
    • 6 Junio 2024
    ...nonfrivolous allegations . . . with regard to the substantive jurisdictional elements." § 1201.57(b). Other MSPB appeals are governed by § 1201.56, which places on the appellant "the burden of proof, by a preponderance of the evidence" with respect to "[i]ssues of jurisdiction." § 1201.56(b......
  • King v. Dep't of Agric.
    • United States
    • Merit Systems Protection Board
    • 20 Octubre 2022
    ...found that the agency failed to prove charge (1). ¶6 The agency has the burden to prove charged misconduct by preponderant evidence, 5 C.F.R. § 1201.56(b)(1)(ii), and it contends that it met that burden. The agency argues that, because the words that the administrative judge found were spok......
  • Odeiu Powers v. Merit Sys. Prot. Bd.
    • United States
    • U.S. Court of Appeals — Federal Circuit
    • 13 Septiembre 2024
    ...Appx. 2. Ms. Powers also made a merits-based argument that the administrative judge erred by not applying the harmful error standard in 5 C.F.R. § 1201.56 applicable to MSPB merits determinations on agency actions. S. Appx. 51-52. The MSPB could not reach that argument because it determined......
  • Fowlkes v. Dep't of Justice
    • United States
    • Merit Systems Protection Board
    • 18 Enero 2023
    ...timeliness, which she must establish by preponderant evidence. Perry v. Office of Personnel Management, 111 M.S.P.R. 337, ¶ 5 (2009); 5 C.F.R. § 1201.56(b)(2)(i)(B). ¶5 Here, the administrative judge informed the appellant that the initial decision had an August 1, 2018 finality date, unles......

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