D.C. Mun. Regs. tit. 6, r. 6-B631

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 6-B631 - BURDEN OF PROOF

631.1

The burden of proof for material issues of fact shall be by a preponderance of the evidence.

631.2

For appeals filed under § 604.1, the employee shall have the burden of proof as to issues of jurisdiction, including timeliness of filing. The agency shall have the burden of proof as to all other issues.

631.3

For appeals filed under § 604.3, the employee shall have the burden of proof as to issues of jurisdiction. The personnel authority must establish that employee's position meets the definition of safety sensitive.

D.C. Mun. Regs. tit. 6, r. 6-B631

As amended by Final Rulemaking published at 46 DCR 9297 (November 19, 1999); as amended by Notice of Final Rulemaking published at 59 DCR 2129, 2146 (March 16, 2012); amended by Final Rulemaking published at 68 DCR 298 (1/14/2022)

Notice of Final Rulemaking published at 2129 (March 16, 2012) repealed and replaced the existing chapter 16 with a new chapter 16 (Rules and Regulations of the Office of Employee Appeals). Sections 606 -635 were renamed, and section 636 was repealed.

Authority: The Chairperson of the Office of Employee Appeals in accordance with § 602 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-606.02(a)(5) (2006 Repl.).