Case Presentation and Burden of Proof. A. Order of Presentation: The Agency will make its presentation first in disciplinary and adverse action cases. In all other issues, the party invoking arbitration will make its presentation first in the hearing and that party has the burden to prove its case by a preponderance of the evidence. In bifurcated cases, the party requesting bifurcation will make its presentation first in the jurisdictional hearing. For disputes presented only via briefs, rather than at a hearing, the party invoking arbitration files first, with the other party responding within a time period set by the arbitrator.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
