Appellants’ argument that they were not required to follow a supervisor’s directive because another supervisor told them it was not required is not credible, given their acknowledgement that the first supervisor is higher in rank.
In re Sawyer and Sproul, CSA 33-08, 10 (1/27/09).
Failure to raise an important defense at pre-disciplinary hearing makes it less likely that the facts supporting the defense occurred.
In re Sawyer and Sproul, CSA 33-08, 10 (1/27/09).
Former employee’s testimony contradicting appellants’ assertion is equally credible to that of appellants because former employee retained no incentive to fabricate testimony.
In re Sawyer and Sproul, CSA 33-08, 10 (1/27/09).
Assessment of credibility is within the hearing officer's province.
In re Ray, CSB 57-06, 3 (5/20/08).
Hearing Officer's finding that testimony by agency's witness was more credible than that of appellant's witnesses does not transmogrify his factual findings into insufficient evidence.
In re Ray, CSB 57-06, 3 (5/20/08).
When factual evidence conflicts, the finder of fact must determine the weight to be accorded the evidence and the credibility of witnesses.
In re Rivas, CSA 49-07, 11 (1/9/08).
In determining the credibility of witnesses, the internal consistency of their testimony should be evaluated.
In re Rivas, CSA 49-07, 12 (1/9/08).