In a hearing concerning an alleged violation of Sec. 458.2 (Bill of
rights of members of labor organizations) or Sec. 458.37 (Prohibition of
certain discipline), the complainant shall have the burden of proving
the allegations of the complaint by a preponderance of the evidence. In
a hearing concerning an alleged violation of Secs. 458.26-458.30, the
Chief, DOE shall have the burden of proving the allegations of the
complaint by a preponderance of the evidence. In a hearing concerning an
alleged violation of other standards of conduct matters, the District
Director shall have the burden of proving the allegations of the
complaint by a preponderance of the evidence.
[45 FR 15158, Mar. 7, 1980. Redesignated and amended at 50 FR 31311,
31313, Aug. 1, 1985; 59 FR 15117, Mar. 31, 1994; 62 FR 6094, Feb. 10,
1997]