C.F.R. » Title 14 » CHAPTER I—FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION › SUBCHAPTER B—PROCEDURAL RULES › PART 13—INVESTIGATIVE AND ENFORCEMENT PROCEDURES › Subpart G—Rules of Practice In FAA Civil Penalty Actions

14 C.F.R. § 13.224

Burden of proof

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(a) Except in the case of an affirmative defense, the burden of proof is on the agency.

(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 of Decisions
Cited in 2 cases, 2016–2017 · leading case: Wallaesa v. Fed. Aviation Admin., 824 F.3d 1071 (D.C. Cir. 2016).
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Wallaesa v. Fed. Aviation Admin., 824 F.3d 1071 (D.C. Cir. 2016). · cites it 2× “at 10 ; 14 C.F.R. § 13.224 (c). By offering no evidence of a medical emergency beyond his own testimony, Wallaesa failed to meet his burden.”
Nat'l Power Corp. v. Fed. Aviation Admin., 864 F.3d 529 (7th Cir. 2017). “The Administrator determined that National Power did not satisfy its burden on this affirmative defense, 14 C.F.R. § 13.224 (c), because it failed to show that the Batteries qualified for this exemption.”
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