Who has the burden of proof in appeals proceedings?
The Agency: Except in IRA appeals, the agency has the burden of proving that it was justified in taking the action. If the agency meets its burden of proof, the Board must decide in favor of the agency, unless you show that there was “harmful error’ in the agency’s procedures, that the agency decision was based on a prohibited personnel practice, or that the decision was not in accordance with the law. Return to top The Appellant: You have the burden of proving that your appeal is within the Board’s jurisdiction and that it was timely filed. You also have the burden of proving any “affirmative defenses” that you raise, for example, discrimination or reprisal for whistleblowing. You also have the burden of proof in retirement cases and IRA appeals.
