[Code of Federal Regulations]
[Title 10, Volume 4]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR708.29]

[Page 338]
 
                            TITLE 10--ENERGY
 
                    CHAPTER III--DEPARTMENT OF ENERGY
 
PART 708_DOE CONTRACTOR EMPLOYEE PROTECTION PROGRAM--Table of Contents
 
          Subpart C_Investigation, Hearing and Decision Process
 
Sec. 708.29  What must the parties to a complaint prove?

    The employee who files a complaint has the burden of establishing by 
a preponderance of the evidence that he or she made a disclosure, 
participated in a proceeding, or refused to participate, as described 
under Sec. 708.5, and that such act was a contributing factor in one or 
more alleged acts of retaliation against the employee by the contractor. 
Once the employee has met this burden, the burden shifts to the 
contractor to prove by clear and convincing evidence that it would have 
taken the same action without the employee's disclosure, participation, 
or refusal.