CASE PROCESSING PROCEDURES; EVIDENCE – Burden of Proof; Weight of Evidence; Presumptions and Inferences; Affirmative Defenses

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Charging party was blindsided by ALJ’s categorical refusal to consider declarations on disputed material facts where ALJ previously assigned to the case had agreed to permit the disputed issues to be decided based on declarations and rebuttal declarations rather than live testimony. The Board remanded with instructions for the ALJ to convene a hearing or otherwise determine how best to inquire fully into all issues and obtain a complete record on which a decision could be rendered.