How does the Administrative Hearing Officer decide cases and who has the burden of proof?
Administrative Hearing Officers decide cases based on a preponderance of the evidence. Preponderance of the evidence means information or evidence that is more convincing or believable than the information or evidence offered in opposition. In cases of adverse action (discharge, suspension without pay and involuntary demotion), the burden of proof rests with the appointing authority. In cases of alleged violations of the Oklahoma Personnel Act or Merit Rules, the burden of proof rests with the Appellant.
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- How does the Administrative Hearing Officer decide cases and who has the burden of proof?
