U.S. Code of Federal Regulations
Regulations most recently checked for updates: Aug 27, 2025
(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.