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spec: Further , the derived spectral variation in emissivity compared well with in situ data acquired at the Railroad Valley Playa , Nevada , test site . In another game , Hamburger SV played to its 12th draw of the season , 1-1 at home to Energie Cottbus , and fell to the bottom of the standings . 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 . 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 . 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 . But rather than going to a doctor for a prescription , let 's look at how we are eating and digesting our foods . Defending his panel , Frank said in an interview that Dingell ' s criticism about opposition to strong protections within Financial Services was true in the Republican majority and is still relevant now that Democrats control the panel . However , thanks to the internet , there is a lot of adoptee-authored research and writing circulating presently . Twice a week , the pantry distributes grocery bags with about four meals inside . When you ' re ready to pursue an advanced degree or certificate , it ' s important to choose a school that provides an inspiring intellectual environment that will foster your learning . '' Microsoft ran several promotional events in Akihabara up to Tuesday 's launch in an attempt to build buzz for the operating system . 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 ... 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 . 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 . 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 .