Who carries the burden of proof during an FAA hearing on certificate actions?

In an FAA hearing regarding certificate actions, the burden of proof lies with the FAA, which must demonstrate its case by a preponderance of evidence. This means that the FAA needs to show that it is more likely than not that the allegations against the certificate holder are true. This standard is lower than "beyond a reasonable doubt," the threshold used in criminal cases, and requires the agency to present sufficient evidence to support its claims regarding the actions of the individual whose certificate is being challenged.

Understanding this standard is crucial in aviation law because it reflects the regulatory nature of the FAA's actions rather than criminal prosecution. The focus is on whether the FAA can substantiate its findings that warrant action against a certificate holder, ensuring that the process is fair while also upholding aviation safety.