Regulations last checked for updates: May 19, 2024

Title 49 - Transportation last revised: May 14, 2024
§ 1503.639 - Burden of proof.

(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.

authority: 6 U.S.C. 1142; 18 U.S.C. 6002; 28 U.S.C. 2461 (note); 49 U.S.C. 114,20109,31105,40113,40119,44901,46101,46109,46301,46305,46311,46313; Pub. L. 104-134, as amended by Pub. L. 114-74
source: 74 FR 36039, July 21, 2009, unless otherwise noted.
cite as: 49 CFR 1503.639