§406.153. Burden of proof.

14 C.F.R. § 406.153

(a)

Except in the case of an affirmative defense, in a civil penalty adjudication the burden of proof is on the complainant.

(b)

Except as otherwise provided by statute or rule, the proponent of a motion, request, or order has the burden of proof.

(c)

A party who has asserted an affirmative defense has the burden of proving the affirmative defense.

Notes, amendments, and revision history

Authority: 51 U.S.C. 50901-50923.

Source: Docket No. FAA-2001-8607, 66 FR 2180, Jan. 10, 2001, unless otherwise noted.