---
kind: "section"
citation: "5 C.F.R. § 1201.58"
title: "5"
number: "1201.58"
heading: "Order of hearing."
url: "https://uscodex.org/cfr/5/1201.58"
---

# §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.

## Notes

### Amendments

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

### Authority

Authority: 5 U.S.C. 1204, 1305, and 7701, and 38 U.S.C. 4331, unless otherwise noted.

### Source

Source: 54 FR 53504, Dec. 29, 1989, unless otherwise noted.

### Amendments

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