Section 27-120-9.18 - ORDER OF PROOF; BURDEN OF PROOFA. At the hearing, the matter should be heard as directed by the presiding hearing officer in his or her sole discretion.B. A State Service employee shall have the burden of proving that the reasons stated in the notice of the agency's formal disciplinary action (i) are not true or (ii) are not sufficient grounds for the action taken.C. A Non-State Service employee that has received formal disciplinary action shall have the burden of proving such action was a violation of state or federal law.D. A party appealing a grievance filed pursuant to Section 8.1 (B) shall have the burden of proving the appointment or promotion was in violation of MSPB or agency policy.E. A party appealing a grievance filed pursuant to Section 8.1 (C) shall have the burden of proving the promotion or appointment was in violation of state or federal law.F. A party appealing a grievance filed pursuant to Section 8.1 (D) shall have the burden of proving his or her involuntary relocation was a disciplinary measure or for arbitrary or capricious reasons.G. A party appealing a grievance filed pursuant to Section 8.1 (E) (alleged violations of Mississippi Code Annotated §§ 25-9-171 through 25-9-177) shall have the burden of proving:i. that he or she is a whistleblower as defined in § 25-9-171; andii. as a result of being a whistleblower has been subjected to workplace reprisal, retaliation or adverse personnel action as defined in § 25-9-171 through § 25-9-177.H. A party appealing pursuant to Mississippi Code § 25-3-95(8)(e) shall have the burden of proving that he or she is eligible to receive donated leave because the injury or illness of the employee or member of the employee's family is a catastrophic injury or illness.27 Miss. Code. R. 120-9.18