83 FR 38765 - Change in Burden of Proof

DEPARTMENT OF VETERANS AFFAIRS

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

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, 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