[lemma=burden] □ □
[lemma=burden] [□] □
[lemma=burden] □ □ □
But because it placed the burden on legitimate state action , it did not need to develop a coherent theory of fundamental rights ; the burden was on the legitimate exercise of governmental power and not the " rights bearer . In Internal Revenue Service , Washington , D.C ., 6 FLRA 96 ( 1981 ) , the Authority stated that the burden is on the General Counsel to make a prima facie showing that the employee had engaged in protected activity and that the prohibited conduct was a motivating factor in the administrative action taken by the agency . Thus the burden is on the C compiler to be effective in code optimization . The Authority noted that in order to establish a prima facie case of a section 7116 ( a ) ( 2 ) violation , the burden is on the General Counsel to show by a preponderance of the evidence that : ( 1 ) the employee against whom the alleged discriminatory action was taken was engaged in protected activity ; and ( 2 ) such activity was a motivating factor in the activity 's treatment of the employee in connection with hiring , tenure , promotion , or other conditions of employment . There the Authority mandated that the burden is on the General Counsel to make a prima facie showing that the employee had engaged in protected activity and that this conduct was a motivating factor ... But when , as in the instant case , the defendant has for many years been a dealer in all kind of firearms and weapons , the burden is upon the People to establish not only possession but also that the possession was not for the purpose of sale to lawful authorities . Under that test the burden is on the General Counsel to make a prima facie showing that the employee had engaged in protected activity and that this conduct was a motivating factor in an agency 's decision to act against the employee . The burden is on the author to obtain copyright clearance if necessary . In such circumstances the Authority finds that the burden is on the General Counsel to make a prima facie showing that the employee had engaged in protected activity and that this conduct was a motivating factor in agency management 's decision not to promote .