27 Miss. Code. R. 120-9.18 - [Effective until 7/1/2025] ORDER OF PROOF; BURDEN OF PROOF
A. At the hearing,
the matter should be heard as directed by the presiding hearing officer in his
or her sole discretion.
B. A State
Service employee shall have the burden of proving that the reasons stated in
the notice of the agency's formal disciplinary action (i) are not true or (ii)
are not sufficient grounds for the action taken.
C. A Non-State Service employee that has
received formal disciplinary action shall have the burden of proving such
action was a violation of state or federal law.
D. A party appealing a grievance filed
pursuant to Section
8.1 (B) shall have
the burden of proving the appointment or promotion was in violation of MSPB or
agency policy.
E. A party appealing
a grievance filed pursuant to Section
8.1 (C) shall have
the burden of proving the promotion or appointment was in violation of state or
federal law.
F. A party appealing a
grievance filed pursuant to Section
8.1 (D) shall have
the burden of proving his or her involuntary relocation was a disciplinary
measure or for arbitrary or capricious reasons.
G. A party appealing a grievance filed
pursuant to Section
8.1 (E) (alleged
violations of Mississippi Code Annotated §§
25-9-171 through
25-9-177) shall have the burden of
proving:
i. that he or she is a whistleblower
as defined in §
25-9-171; and
ii. as a result of being a whistleblower has
been subjected to workplace reprisal, retaliation or adverse personnel action
as defined in §
25-9-171 through §
25-9-177.
H. A party appealing pursuant to Mississippi
Code §
25-3-95(8)(e)
shall have the burden of proving that he or she is eligible to receive donated
leave because the injury or illness of the employee or member of the employee's
family is a catastrophic injury or illness.
Notes
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A. At the hearing, the matter should be heard as directed by the presiding hearing officer in his or her sole discretion.
B. A State Service employee shall have the burden of proving that the reasons stated in the notice of the agency's formal disciplinary action (i) are not true or (ii) are not sufficient grounds for the action taken.
C. A Non-State Service employee that has received formal disciplinary action shall have the burden of proving such action was a violation of state or federal law.
D. A party appealing a grievance filed pursuant to Section 8.1 (B) shall have the burden of proving the appointment or promotion was in violation of MSPB or agency policy.
E. A party appealing a grievance filed pursuant to Section 8.1 (C) shall have the burden of proving the promotion or appointment was in violation of state or federal law.
F. A party appealing a grievance filed pursuant to Section 8.1 (D) shall have the burden of proving his or her involuntary relocation was a disciplinary measure or for arbitrary or capricious reasons.
G. A party appealing a grievance filed pursuant to Section 8.1 (E) (alleged violations of Mississippi Code Annotated §§ 25-9-171 through 25-9-177) shall have the burden of proving:
i. that he or she is a whistleblower as defined in § 25-9-171; and
ii. as a result of being a whistleblower has been subjected to workplace reprisal, retaliation or adverse personnel action as defined in § 25-9-171 through § 25-9-177.
H. A party appealing pursuant to Mississippi Code § 25-3-95(8)(e) shall have the burden of proving that he or she is eligible to receive donated leave because the injury or illness of the employee or member of the employee's family is a catastrophic injury or illness.