Who has the burden of proof at a hearing regarding the FAA's Order of Suspension?

In matters concerning the FAA's Order of Suspension, the burden of proof lies with the FAA. Specifically, the FAA must establish its case by a "preponderance of the evidence." This standard means that the FAA needs to demonstrate that it is more likely than not that the violation occurred, which is a lower threshold than "beyond a reasonable doubt" or "clear and convincing evidence."

This burden of proof reflects the administrative nature of FAA proceedings, where the focus is on determining whether there is sufficient evidence to support the suspension rather than the elevated standards used in criminal proceedings. The preponderance of the evidence standard allows for a more efficient and timely resolution of disputes in the aviation regulatory context, knowing that safety in aviation operations is paramount.

With this understanding, other options such as requiring the pilot to prove their innocence "beyond a reasonable doubt" or placing the burden on the judge or the FAA's attorney are not aligned with the procedural standards set for FAA proceedings. The FAA's responsibility to substantiate its claims ensures that the rights of pilots and operators are preserved while maintaining the necessary oversight to enforce aviation safety regulations.