---
kind: "section"
citation: "14 C.F.R. § 406.153"
title: "14"
number: "406.153"
heading: "Burden of proof."
url: "https://uscodex.org/cfr/14/406.153"
---

# §406.153. Burden of proof.

- (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

### Authority

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

### Source

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