5 CFR § 1201.58 - Order of hearing.

---
identifier: "/us/cfr/t5/s1201.58"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "5 CFR § 1201.58 - Order of hearing."
title_number: 5
title_name: "Administrative Personnel"
section_number: "1201.58"
section_name: "Order of hearing."
chapter_name: "MERIT SYSTEMS PROTECTION BOARD"
subchapter_number: "A"
subchapter_name: "ORGANIZATION AND PROCEDURES"
part_number: "1201"
part_name: "PRACTICES AND PROCEDURES"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 1204, 1305, and 7701, and 38 U.S.C. 4331, unless otherwise noted."
regulatory_source: "54 FR 53504, Dec. 29, 1989, unless otherwise noted."
cfr_part: "1201"
---


# 1201.58 Order of hearing.

(a) In cases in which the agency has taken an action against an employee, the agency will present its case first.

(b) The appellant will proceed first at hearings convened on the issues of:

(1) Jurisdiction;

(2) Timeliness; or

(3) Office of Personnel Management disallowance of retirement benefits, when the appellant applied for those benefits.

(c) The judge may vary the normal order of presenting evidence.

[54 FR 53504, Dec. 29, 1989. Redesignated at 80 FR 4496, Jan. 28, 2015]