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

1. (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.
2. (b) Except as otherwise provided by statute or rule, the proponent of a motion, request, or order has the burden of proof.
3. (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]