C.F.R. » Title 22 » CHAPTER I—DEPARTMENT OF STATE › SUBCHAPTER B—PERSONNEL › PART 17—OVERPAYMENTS FROM THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND UNDER THE FOREIGN SERVICE RETIREMENT AND DISABILITY SYSTEM (FSRDS) AND THE FOREIGN SERVICE PENSION SYSTEM (FSPS)

22 C.F.R. § 17.8

Burdens of proof

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(a) Burden of the Department of State. The Bureau of Resource Management, Department of State, must establish by the preponderance of the evidence that an overpayment occurred.

(b) Burden of individual. The recipient of an overpayment must establish by substantial evidence that he or she is eligible for waiver or an adjustment in the recovery schedule.

Notes of Decisions
Cited in 3 cases, 2017–2018 · leading case: Foo v. Tillerson, 244 F. Supp. 3d 17 (D.D.C. 2017).
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Foo v. Tillerson, 244 F. Supp. 3d 17 (D.D.C. 2017). · cites it 2× “In its 2015 decision, the FSGB purported to apply this standard and found that Plaintiff “ha[d] failed to carry her burden of showing by substantial evidence that [ 22 C.”
Foo v. Kerry (D.D.C. 2018). · cites it 2× “§ 706 , when it: (1) misinterpreted and misapplied the “substantial evidence” standard under 22 C.F.R. § 17.8 (b); (2) misconstrued 22 U.”
Foo v. Tillerson, 288 F. Supp. 3d 144 (D.C. Cir. 2018). · cites it 2× “§ 706 , when it: (1) misinterpreted and misapplied the "substantial evidence" standard under 22 C.F.R. § 17.8 (b) ; (2) misconstrued 22 U.”
— 22 C.F.R. § 17.8(b) — 1 case
Foo v. Tillerson, 244 F. Supp. 3d 17 (D.D.C. 2017). “In its 2015 decision, the FSGB purported to apply this standard and found that Plaintiff “ha[d] failed to carry her burden of showing by substantial evidence that [ 22 C.”
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