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.

SOURCE: 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); as amended by Final Rulemaking published at 69 DCR 000298 (January 14, 2022).