(a) Upon the hearing of any adverse action appeal, the burden of proof shall be upon the government to show clearly and convincingly that the action of the Branch, department, agency or instrumentality was correct. (b) Upon the hearing of a grievance, discrimination complaint or other appeal, the burden of proof shall be upon the employee to show that the action of the Government was improper. (c) In cases involving charges which could be a crime if the person was charged in a criminal action, the Commission shall determine the matter based upon substantial evidence that the employee committed the acts charged. SOURCE: § 4176 GCA, as reenacted by P.L. 16-023:1 (Aug. 11, 1981). Subsection (a) repealed and reenacted by P.L. 26-088:3 (May 17, 2002).
COL 2026-04-23