5 CFR § 2423.32 - Burden of proof before the Administrative Law Judge.

---
identifier: "/us/cfr/t5/s2423.32"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "5 CFR § 2423.32 - Burden of proof before the Administrative Law Judge."
title_number: 5
title_name: "Administrative Personnel"
section_number: "2423.32"
section_name: "Burden of proof before the Administrative Law Judge."
chapter_name: "FEDERAL LABOR RELATIONS AUTHORITY, GENERAL COUNSEL OF THE FEDERAL LABOR RELATIONS AUTHORITY AND FEDERAL SERVICE IMPASSES PANEL"
subchapter_number: "C"
subchapter_name: "FEDERAL LABOR RELATIONS AUTHORITY AND GENERAL COUNSEL OF THE FEDERAL LABOR RELATIONS AUTHORITY"
part_number: "2423"
part_name: "UNFAIR LABOR PRACTICE PROCEEDINGS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "3 U.S.C. 431; 5 U.S.C. 7134."
regulatory_source: "62 FR 40916, July 31, 1997, unless otherwise noted."
cfr_part: "2423"
---


# 2423.32 Burden of proof before the Administrative Law Judge.

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.