5 CFR 1209.7 - Burden and degree of proof.

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§ 1209.7 Burden and degree of proof.
(a) Subject to the exception stated in paragraph (b) of this section, in any case involving a prohibited personnel practice described in5 U.S.C. 2302(b)(8) or (b)(9)(A)(i), (B), (C), or (D), the Board will order appropriate corrective action if the appellant shows by a preponderance of the evidence that the disclosure or other protected activity was a contributing factor in the personnel action that was threatened, proposed, taken, or not taken against the appellant.
(b) However, even where the appellant meets the burden stated in paragraph (a) of this section, the Board will not order corrective action if the agency shows by clear and convincing evidence that it would have threatened, proposed, taken, or not taken the same personnel action in the absence of the disclosure or other protected activity.
[78 FR 39548, July 2, 2013]

Title 5 published on 2015-01-01.

No entries appear in the Federal Register after this date, for 5 CFR Part 1209.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

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United States Code

Title 5 published on

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 5 CFR Part 1209 after this date.

  • 2013-09-16; vol. 78 # 179 - Monday, September 16, 2013
    1. 78 FR 56811 - Practices and Procedures
      GPO FDSys XML | Text
      MERIT SYSTEMS PROTECTION BOARD
      Final rule.
      Effective: September 16, 2013.
      5 CFR Parts 1201 and 1209