5 CFR 1201.58 : Administrative Personnel (§ 1.1 To Parts 10003-10049) — (§ 1200.1 To Parts 10003-10049) — Merit Systems Protection Board (§ 1200.1 To Parts 1217-1299) — Organization And Procedures (§ 1200.1 To Parts 1217-1299) — Practices And Procedures (§ 1201.1 To Appendix Iv To Part 1201) — Procedures For Appellate Cases (§ 1201.11 To § 1201.113) — Hearings (§ 1201.51 To § 1201.59) — 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.