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Electronic Code of Federal Regulations

e-CFR data is current as of May 21, 2020

Title 29Subtitle BChapter IVSubchapter BPart 458Subpart C → §458.79


Title 29: Labor
PART 458—STANDARDS OF CONDUCT
Subpart C—Hearing and Related Matters


§458.79   Burden of proof.

In a hearing concerning an alleged violation of §458.2 (Bill of rights of members of labor organizations) or §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 §§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]

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