In an MSPB hearing, both parties are given the opportunity to do short opening statements (often 5 to 10 minutes). In an MSPB hearing regarding an adverse action, the Agency presents its case first. Hearsay is allowed in administrative proceedings, at the judge's discretion. The Agency will likely put forth the testimony of the Proposing Official, the Deciding Official, and perhaps an Employee Relations advisor. You will have the opportunity to cross-examine the Agency's witnesses, as the Agency will likely do with you and your witnesses.
After all the Agency witnesses testify, you may present your witnesses. Your witnesses should probably include:
you, as the Appellant,
co-workers supporting your version of facts regarding the incidents at issue in the disciplinary decision, and
doctors and/or family members.
If you allege discrimination as an affirmative defense (the reason why the Agency disciplined or removed you), you need to address this in your testimony and present witnesses who support your contention that the Agency discriminated or retaliated against you. (For more information, please see the next question.)
After both sides have been given an opportunity to present testimony, the Agency may receive an opportunity to rebut the testimony of you and your witnesses. Both parties may use physical documents or things at the hearing, as long as the parties comply with the AJ's rules in notifying the AJ of the evidence and getting the AJ's approval. Each party is given a short time period for oral closing arguments. Instead of closing arguments, the AJ can allow the parties to submit written briefs.