C.F.R. » Title 14 » CHAPTER I—FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION › SUBCHAPTER B—PROCEDURAL RULES › PART 16—RULES OF PRACTICE FOR FEDERALLY-ASSISTED AIRPORT ENFORCEMENT PROCEEDINGS › Subpart F—Hearings

14 C.F.R. § 16.229

Burden of proof

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As used in this subpart, the burden of proof is as follows:

(a) The burden of proof of noncompliance with an Act or any regulation, order, agreement or document of conveyance issued under the authority of an Act 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.

[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as amended at Amdt. 16-1, 78 FR 56147, Sept. 12, 2013]
Notes of Decisions
Cited in 2 cases, 2001–2001 · leading case: Arapahoe Cnty. Pub. Airport Auth. v. Fed. Aviation Admin., 242 F.3d 1213 (10th Cir. 2001).
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Arapahoe Cnty. Pub. Airport Auth. v. Fed. Aviation Admin., 242 F.3d 1213 (10th Cir. 2001). “See 14 C.F.R. § 16.229 (c). Because of the fact-based nature of this inquiry, we must defer to the FAA’s findings (1) the Authority failed to demonstrate the ban is necessary for the safe operation of the airport, and (2) the Authority failed to demonstrate the ban is necessary…”
Arapahoe Cty.Pub.Aut v. FAA, 242 F.3d 1213 (10th Cir. 2001). “See 14 C.F.R. 16.229(c). Because of the fact-based nature of this inquiry, we must defer to the FAA's findings (1) the Authority failed to demonstrate the ban is necessary for the safe operation of the airport, and (2) the Authority failed to demonstrate the ban is necessary to…”
— 14 C.F.R. § 16.229(c) — 1 case
Arapahoe Cty.Pub.Aut v. FAA, 242 F.3d 1213 (10th Cir. 2001). “See 14 C.F.R. 16.229(c). Because of the fact-based nature of this inquiry, we must defer to the FAA's findings (1) the Authority failed to demonstrate the ban is necessary for the safe operation of the airport, and (2) the Authority failed to demonstrate the ban is necessary to…”
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