83 FR 38765 - Change in Burden of Proof

DEPARTMENT OF VETERANS AFFAIRS

Federal Register Volume 83, Issue 152 (August 7, 2018)

Page Range		38765-38765
FR Document		2018-16808

This notice announces that the burden of proof for disciplinary and major adverse actions imposed against certain employees of the Department of Veterans Affairs has been changed from preponderance of evidence to substantial evidence.

Federal Register, Volume 83 Issue 152 (Tuesday, August 7, 2018)

[Federal Register Volume 83, Number 152 (Tuesday, August 7, 2018)]
[Notices]
[Page 38765]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-16808]


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DEPARTMENT OF VETERANS AFFAIRS


Change in Burden of Proof

AGENCY: Department of Veterans Affairs.

ACTION: Notice with request for comments.

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SUMMARY: This notice announces that the burden of proof for 
disciplinary and major adverse actions imposed against certain 
employees of the Department of Veterans Affairs has been changed from 
preponderance of evidence to substantial evidence.

DATES: Comments must be received on or before September 6, 2018. The 
proposed effective date of these amendments is 30 days after 
publication of this notice.

ADDRESSES: Written comments may be directed to: Elizabeth A. Hill, Team 
Lead, Employee Relations & Performance Management Service, Office of 
Human Resources Management, Department of Veterans Affairs, 810 Vermont 
Avenue NW, Washington, DC 20420. Comments may also be faxed to (202) 
495-5200.

FOR FURTHER INFORMATION CONTACT: Elizabeth A. Hill, Team Lead, (706) 
504-3988, or by email to [email protected].

SUPPLEMENTARY INFORMATION: Section 203 of the Department of Veterans 
Affairs Health Care Personnel Act of 1991 (Pub. L. 102-40), dated May 
7, 1991, revised the disciplinary grievance and appeal procedures for 
employees appointed under 38 United States Code (U.S.C.) 7401(1). 38 
U.S.C. 7461(e) requires that whenever the Secretary proposes to 
prescribe regulations under 38 U.S.C., Part V, Chapter 74, Subchapter 
V, ``the Secretary shall publish the proposed regulations in the 
Federal Register for notice-and-comment not less than 30 days before 
the day on which they take effect.''

Signing Authority

    The Secretary of Veterans Affairs, or designee, approved this 
document and authorized the undersigned to sign and submit the document 
to the Office of the Federal Register for publication electronically as 
an official document of the Department of Veterans Affairs. Jacquelyn 
Hayes-Byrd, Acting Chief of Staff, Department of Veterans Affairs, 
approved this document on July 30, 2018, for publication.

    Dated: July 30, 2018.
Luvenia Potts,
Program Specialist, Office of Regulation Policy & Management, Office of 
the Secretary, Department of Veterans Affairs.
[FR Doc. 2018-16808 Filed 8-6-18; 8:45 am]
 BILLING CODE 8320-01-P

Federal Register / Vol. 83, No. 152 / Tuesday, August 7, 2018 / Notices 38765

information shall have practical utility; Current Actions: There are changes to Notice with request for
ACTION:
(b) the accuracy of the agency’s estimate the previously approved burden of this comments.
of the burden of the collection of existing collection.
information; (c) ways to enhance the Type of Review: Revision of a SUMMARY: This notice announces that
quality, utility, and clarity of the currently approved collection. the burden of proof for disciplinary and
information to be collected; (d) ways to Affected Public: Businesses or other major adverse actions imposed against
minimize the burden of the collection of for-profit organizations, individuals or certain employees of the Department of
information on respondents, including households, not-for-profit institutions, Veterans Affairs has been changed from
through the use of automated collection and state, local or tribal governments. preponderance of evidence to
techniques or other forms of information Estimated Number of Respondents: substantial evidence.
technology; and (e) estimates of capital 377,467.
or start-up costs and costs of operation, Estimated Time per Respondent: 13 DATES: Comments must be received on
maintenance, and purchase of services minutes. or before September 6, 2018. The
to provide information. Estimated Total Annual Burden proposed effective date of these
Hours: 86,818. amendments is 30 days after publication
Approved: August 1, 2018.
The following paragraph applies to all of this notice.
Laurie Brimmer,
Senior Tax Analyst. of the collections of information covered ADDRESSES: Written comments may be
by this notice. directed to: Elizabeth A. Hill, Team
[FR Doc. 2018–16804 Filed 8–6–18; 8:45 am]
An agency may not conduct or Lead, Employee Relations &
BILLING CODE 4830–01–P
sponsor, and a person is not required to Performance Management Service,
respond to, a collection of information Office of Human Resources
DEPARTMENT OF THE TREASURY unless the collection of information Management, Department of Veterans
displays a valid OMB control number. Affairs, 810 Vermont Avenue NW,
Internal Revenue Service Books or records relating to a collection Washington, DC 20420. Comments may
of information must be retained as long also be faxed to (202) 495–5200.
Proposed Collection; Comment as their contents may become material
Request for Regulation Project in the administration of any internal FOR FURTHER INFORMATION CONTACT:
revenue law. Generally, tax returns and Elizabeth A. Hill, Team Lead, (706) 504–
AGENCY: Internal Revenue Service (IRS), 3988, or by email to Elizabeth.Hill@
tax return information are confidential,
Treasury. va.gov.
as required by 26 U.S.C. 6103.
ACTION: Notice and request for Request for Comments: Comments
comments. submitted in response to this notice will SUPPLEMENTARY INFORMATION: Section
be summarized and/or included in the 203 of the Department of Veterans
SUMMARY: The Internal Revenue Service, Affairs Health Care Personnel Act of
as part of its continuing effort to reduce request for OMB approval. All
comments will become a matter of 1991 (Pub. L. 102–40), dated May 7,
paperwork and respondent burden, 1991, revised the disciplinary grievance
invites the general public and other public record. Comments are invited on:
(a) Whether the collection of and appeal procedures for employees
Federal agencies to take this appointed under 38 United States Code
opportunity to comment on continuing information is necessary for the proper
performance of the functions of the (U.S.C.) 7401(1). 38 U.S.C. 7461(e)
information collections, as required by requires that whenever the Secretary
the Paperwork Reduction Act of 1995. agency, including whether the
information shall have practical utility; proposes to prescribe regulations under
The IRS is soliciting comments 38 U.S.C., Part V, Chapter 74,
concerning long-term care and (b) the accuracy of the agency’s estimate
of the burden of the collection of Subchapter V, ‘‘the Secretary shall
accelerated death benefits. publish the proposed regulations in the
information; (c) ways to enhance the
DATES: Written comments should be Federal Register for notice-and-
quality, utility, and clarity of the
received on or before October 9, 2018 to information to be collected; (d) ways to comment not less than 30 days before
be assured of consideration. minimize the burden of the collection of the day on which they take effect.’’
ADDRESSES: Direct all written comments information on respondents, including
to Laurie Brimmer, Internal Revenue Signing Authority
through the use of automated collection
Service, Room 6529, 1111 Constitution techniques or other forms of information The Secretary of Veterans Affairs, or
Avenue NW, Washington, DC 20224. technology; and (e) estimates of capital designee, approved this document and
FOR FURTHER INFORMATION CONTACT: or start-up costs and costs of operation, authorized the undersigned to sign and
Requests for additional information or maintenance, and purchase of services submit the document to the Office of the
copies of the form should be directed to to provide information. Federal Register for publication
Kerry Dennis, at (202) 317–5751 or Approved: August 1, 2018. electronically as an official document of
Internal Revenue Service, Room 6529, the Department of Veterans Affairs.
Laurie Brimmer,
1111 Constitution Avenue NW, Jacquelyn Hayes-Byrd, Acting Chief of
Senior Tax Analyst.
Washington DC 20224, or through the Staff, Department of Veterans Affairs,
internet, at Kerry.Dennis@irs.gov. [FR Doc. 2018–16806 Filed 8–6–18; 8:45 am]
approved this document on July 30,
BILLING CODE 4830–01–P
SUPPLEMENTARY INFORMATION: 2018, for publication.
Title: Long-Term Care and
daltland on DSKBBV9HB2PROD with NOTICES

Dated: July 30, 2018.
Accelerated Death Benefits.
OMB Number: 1545–1519. Luvenia Potts,
Form Number: 1099–LTC. DEPARTMENT OF VETERANS Program Specialist, Office of Regulation
Abstract: File Form 1099–LTC, Long- AFFAIRS Policy & Management, Office of the Secretary,
Term Care and Accelerated Death Department of Veterans Affairs.
Change in Burden of Proof [FR Doc. 2018–16808 Filed 8–6–18; 8:45 am]
Benefits, if you pay any long-term care
benefits. AGENCY: Department of Veterans Affairs. BILLING CODE 8320–01–P

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Document Created: 2018-11-06 10:38:38
Document Modified: 2018-11-06 10:38:38

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice with request for comments.
Dates		Comments must be received on or before September 6, 2018. The proposed effective date of these amendments is 30 days after publication of this notice.
Contact		Elizabeth A. Hill, Team Lead, (706) 504-3988, or by email to [email protected]
FR Citation		83 FR 38765