[Code of Federal Regulations]
[Title 29, Volume 2]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR458.79]

[Page 224]
 
                             TITLE 29--LABOR
 
  CHAPTER IV--OFFICE OF LABOR-MANAGEMENT STANDARDS, DEPARTMENT OF LABOR
 
PART 458_STANDARDS OF CONDUCT--Table of Contents
 
                  Subpart C_Hearing and Related Matters
 
Sec. 458.79  Burden of proof.

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