29 CFR 458.79
§ 458.79 Burden of proof.
United States · 29 CFR — Labor · Status: effective
Cite this
- Citation
- 29 CFR 458.79, § 458.79 Burden of proof, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/125083
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Full text
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.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.