629. CLOSING THE RECORD

629 BURDEN OF PROOF 629.1 The burden of proof with regard to material issues of fact shall be by a preponderance of the evidence. "Preponderance of the evidence" shall mean: That degree of relevant evidence which a reasonable mind, considering the record as a whole, would accept as sufficient to find a contested fact more probably true than untrue. 629.2 The employee shall have the burden of proof as to issues of jurisdiction, including timeliness of filing. 629.3 For appeals filed on or after October 21, 1998, the agency shall have the burden of proof, except for issues of jurisdiction. 629.4 For appeals filed before October 21, 1998, the agency, except for issues of jurisdiction, shall have the burden of proof in appeals filed pursuant to D.C. Code § 1-617.1 (1992 repl.) and the employee shall have the burden of proof in all other appeals. SOURCE: As amended by Final Rulemaking published at 46 DCR 9297 (November 19, 1999).