5 C.F.R. § 2423.32
Burden of proof before the Administrative Law Judge.
Cite as 5 C.F.R. § 2423.32 (2026)
The General Counsel shall present the evidence in support of the complaint and have the burden of proving the allegations of the complaint by a preponderance of the evidence. The Respondent shall have the burden of proving any affirmative defenses that it raises to the allegations in the complaint.