5 CFR 2423.32 - Burden of proof before the Administrative Law Judge.

Regulations last checked for updates: Feb 06, 2026

Title 5 - Administrative Personnel last revised: Jan 28, 2026

View all text of Subpart C [§ 2423.30 - § 2423.39]

§ 2423.32 - Burden of proof before the Administrative Law Judge.

The General Counsel shall present the evidence in support of the complaint and have the burden of proving the allegations of the complaint by a preponderance of the evidence. The Respondent shall have the burden of proving any affirmative defenses that it raises to the allegations in the complaint.

authority: 3 U.S.C. 431; 5 U.S.C. 7134.

source: 62 FR 40916, July 31, 1997, unless otherwise noted.

cite as: 5 CFR 2423.32