Contents
- (a) An employee, or applicant for employment, may submit an ap…
- (b) 2 changes
- (c) 4 changes
- (d)
- (e) 1 change
- (f) The Board, or an administrative law judge or other employe…
- (g) 1 change
- (h) The Board may, by regulation, provide for one or more alte…1 change
- (i) 1 change
- (j) In determining the appealability under this section of any…
- (k) The Board may prescribe regulations to carry out the purpo…
(c)
(1)Subject to paragraph (2) of this subsection, the decision of the agency shall be sustained under subsection (b) only if the agency’s decision—
(A)in the case of an action based on unacceptable performance described in section 4303, is supported by substantial evidence; or
(B)in any other case, is supported by a preponderance of the evidence.
(2)Notwithstanding paragraph (1), the agency’s decision may not be sustained under subsection (b) of this section if the employee or applicant for employment—
(A)shows harmful error in the application of the agency’s procedures in arriving at such decision;
(B)shows that the decision was based on any prohibited personnel practice described in section 2302(b) of this title; or
(C)shows that the decision was not in accordance with law.
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