5 C.F.R. § 831.1407 Burdens of proof.
Title 5 - Administrative Personnel
(a) Burden of OPM. The Associate Director for Compensation must establish by the preponderance of the evidence that an overpayment occurred. (b) Burden of annuitant. The recipient of an overpayment must establish by substantial evidence that he/she is eligible for waiver or an adjustment.
Title 5: Administrative Personnel
PART 831—RETIREMENT
Subpart N—Standards for Waiver of Overpayments
§ 831.1407 Burdens of proof.

