14 CFR § 16.229 - Burden of proof.

---
identifier: "/us/cfr/t14/s16.229"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "14 CFR § 16.229 - Burden of proof."
title_number: 14
title_name: "Aeronautics and Space"
section_number: "16.229"
section_name: "Burden of proof."
chapter_name: "FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION"
subchapter_number: "B"
subchapter_name: "PROCEDURAL RULES"
part_number: "16"
part_name: "RULES OF PRACTICE FOR FEDERALLY-ASSISTED AIRPORT ENFORCEMENT PROCEEDINGS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "49 U.S.C. 106(g), 322, 1110, 1111, 1115, 1116, 1718(a) and (b), 1719, 1723, 1726, 1727, 40103(e), 40113, 40116, 44502(b), 46101, 46104, 46110, 47104, 47106(e), 47107, 47108, 47111(d), 47122, 47123-47125, 47133, 47151-47153, 48103."
regulatory_source: "Docket No. 27783, 61 FR 54004, Oct. 16, 1996, unless otherwise noted."
cfr_part: "16"
---


# 16.229 Burden of proof.

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]