of assessment may be issued if the individual charged with a violation
fails to respond to the notice of proposed assessment within 15 days
after receipt of that notice.
    (f) Order of assessment. An order of assessment, which imposes a
civil penalty, may be issued for a violation described in paragraph (a)
of this section after notice and an opportunity to answer any charges
and be heard as to why such order should not be issued.
    (g) Appeal. Any individual who receives an order of assessment
issued under this section may appeal the order to the National
Transportation Safety Board. The appeal stays the effectiveness of the
Administrator's order.
    (h) Judicial review. A party may seek judicial review only of a
final decision and order of the National Transportation Safety Board
under 49 U.S.C. 46301(d)(6) and 46110. Neither an initial decision, nor
an order issued by an administrative law judge that has not been
appealed to the National Transportation Safety Board, nor an order
compromising a civil penalty action, may be appealed under any of those
sections.
    (i) Compromise. The FAA may compromise any civil penalty imposed
under this section at any time before referring the action to the
United States Attorney General, or the delegate of the Attorney
General, for collection.
    (1) When a civil penalty is compromised with a finding of
violation, an agency attorney issues an order of assessment.
    (2) When a civil penalty is compromised without a finding of
violation, the agency attorney issues a compromise order of assessment
that states the following:
    (i) The individual has paid a civil penalty or has signed a
promissory note providing for installment payments;
    (ii) The FAA makes no finding of violation; and
    (iii) The compromise order will not be used as evidence of a prior
violation in any subsequent civil penalty proceeding or certificate
action proceeding.
    (j) Payment. (1) An individual must pay a civil penalty by:
    (i) Sending a certified check or money order, payable to the
Federal Aviation Administration, to the FAA office identified in the
order of assessment; or
    (ii) Making an electronic payment according to the directions
specified in the order of assessment.
    (2) The civil penalty must be paid within 30 days after service of
the order of assessment, unless an appeal is filed with the National
Transportation Safety Board. In cases where an appeal is filed with the
National Transportation Safety Board, or a petition for review is filed
with a U.S. court of appeals, the civil penalty must be paid within 30
days after all litigation in the matter is completed and the civil
penalty is affirmed in whole or in part.
    (k) Collection of civil penalties. If an individual does not pay a
civil penalty imposed by an order of assessment or other final order,
the Administrator may take action provided under the law to collect the
penalty.

Sec.  13.19   Certificate actions appealable to the National
Transportation Safety Board.

    (a) The Administrator may issue an order amending, modifying,
suspending, or revoking all or part of any type certificate, production
certificate, airworthiness certificate, airman certificate, air carrier
operating certificate, air navigation facility certificate, or air
agency certificate if as a result of a reinspection, reexamination, or
other investigation, the Administrator determines that the public
interest and safety in air commerce requires it, if a certificate
holder has violated an aircraft noise or sonic boom standard or
regulation prescribed under 49 U.S.C. 44715(a), or if the holder of the
certificate is convicted of violating 16 U.S.C. 742j-1(a).
    (b) The agency attorney will issue a notice before issuing a non-
immediately effective order to amend, modify, suspend, or revoke a type
certificate, production certificate, airworthiness certificate, airman
certificate, air carrier operating certificate, air navigation facility
certificate, air agency certificate, or to revoke an aircraft
certificate of registration because the aircraft was used to carry out
or facilitate an activity punishable under a law of the United States
or a State related to a controlled substance (except a law related to
simple possession of a controlled substance), by death or imprisonment
for more than one year, and the owner of the aircraft permitted the use
of the aircraft knowing that the aircraft was to be used for the
activity.
    (1) A notice of proposed certificate action will advise the
certificate holder or aircraft owner of the charges or other reasons
upon which the Administrator bases the proposed action, and allows the
holder to answer any charges and to be heard as to why the certificate
should not be amended, suspended, modified, or revoked.
    (2) In response to a notice of proposed certificate action
described in paragraph (b)(1) of this section, the certificate holder
or aircraft owner, within 15 days of the date of receipt of the notice,
may--
    (i) Surrender the certificate and waive any right to contest or
appeal the charged violations and sanction, in which case the
Administrator will issue an order;
    (ii) Answer the charges in writing by submitting information,
including documents and witness statements, demonstrating that a
violation of the regulations did not occur or that the proposed
sanction is not warranted by the circumstances;
    (iii) Submit a written request for an informal conference to
discuss the matter with an agency attorney and submit relevant
information or documents; or
    (iv) Request that an order be issued in accordance with the notice
of proposed certificate action so that the certificate holder or
aircraft owner may appeal to the National Transportation Safety Board.
    (c) In the case of an emergency order amending, modifying,
suspending, or revoking a type certificate, production certificate,
airworthiness certificate, airman certificate, air carrier operating
certificate, air navigation facility certificate, or air agency
certificate, a person affected by the immediate effectiveness of the
Administrator's order may petition the National Transportation Safety
Board for a review of the Administrator's determination that an
emergency exists.
    (d) A person may not petition the National Transportation Safety
Board for a review of the Administrator's determination that safety in
air transportation or air commerce requires the immediate effectiveness
of an order where the action is based on the circumstances described in
paragraph (d)(1), (2), or (3) of this section.
    (1) The revocation of an individual's airman certificates for the
reasons stated

in paragraph (d)(1)(i) or (ii) of this section:
    (i) A conviction under a law of the United States or a State
related to a controlled substance (except a law related to simple
possession of a controlled substance), of an offense punishable by
death or imprisonment for more than one year if the Administrator finds
that--
    (A) An aircraft was used to commit, or facilitate the commission of
the offense; and
    (B) The individual served as an airman, or was on the aircraft, in
connection with committing, or facilitating the commission of, the
offense.
    (ii) Knowingly carrying out an activity punishable, under a law of
the United States or a State related to a controlled substance (except
a law related to simple possession of a controlled substance), by death
or imprisonment for more than one year; and--
    (A) An aircraft was used to carry out or facilitate the activity;
and
    (B) The individual served as an airman, or was on the aircraft, in
connection with carrying out, or facilitating the carrying out of, the
activity.
    (2) The revocation of a certificate of registration for an
aircraft, and any other aircraft the owner of that aircraft holds, if
the Administrator finds that--
    (i) The aircraft was used to carry out or facilitate an activity
punishable, under a law of the United States or a State related to a
controlled substance (except a law related to simple possession of a
controlled substance), by death or imprisonment for more than one year;
and
    (ii) The owner of the aircraft permitted the use of the aircraft
knowing that the aircraft was to be used for the activity described in
paragraph (d)(2)(i) of this section.
    (3) The revocation of an airman certificate, design organization
certificate, type certificate, production certificate, airworthiness
certificate, air carrier operating certificate, airport operating
certificate, air agency certificate, or air navigation facility
certificate if the Administrator finds that the holder of the
certificate or an individual who has a controlling or ownership
interest in the holder--
    (i) Was convicted in a court of law of a violation of a law of the
United States relating to the installation, production, repair, or sale
of a counterfeit or fraudulently-represented aviation part or material;
or
    (ii) Knowingly, and with the intent to defraud, carried out or
facilitated an activity described in paragraph (d)(3)(i) of this
section.

Sec.  13.20   Orders of compliance, cease and desist orders, orders of
denial, and other orders.

    (a) General. This section applies to all of the following:
    (1) Orders of compliance;
    (2) Cease and desist orders;
    (3) Orders of denial;
    (4) Orders suspending or revoking a certificate of registration
(but not revocation of a certificate of registration because the
aircraft was used to carry out or facilitate an activity punishable,
under a law of the United States or a State related to a controlled
substance (except a law related to simple possession of a controlled
substance), by death or imprisonment for more than one year and the
owner of the aircraft permitted the use of the aircraft knowing that
the aircraft was to be used for the activity); and
    (5) Other orders issued by the Administrator to carry out the
provisions of the Federal aviation statute codified at 49 U.S.C.
subtitle VII that apply this section by statute, rule, regulation, or
order, or for which there is no specific administrative process
provided by statute, rule, regulation, or order.
    (b) Applicability of procedures. (1) Prior to the issuance of a
non-immediately effective order covered by this section, the
Administrator will provide the person who would be subject to the order
with notice, advising the person of the charges or other reasons upon
which the proposed action is based, and the provisions in paragraph (c)
of this section apply.
    (2) If the Administrator is of the opinion that an emergency exists
related to safety in air commerce and requires immediate action and
issues an order covered by this section that is immediately effective,
the provisions of paragraph (d) of this section apply.
    (c) Non-emergency procedures. (1) Within 30 days after service of
the notice, the person subject to the notice may:
    (i) Submit a written reply;
    (ii) Agree to the issuance of the order as proposed in the notice
of proposed action, waiving any right to contest or appeal the agreed-
upon order issued under this option in any administrative or judicial
forum;
    (iii) Submit a written request for an informal conference to
discuss the matter with an agency attorney; or
    (iv) Request a hearing in accordance with the non-emergency
procedures of subpart D of this part.
    (2) After an informal conference is held or a reply is filed, if
the agency attorney notifies the person that some or all of the
proposed agency action will not be withdrawn, the person may, within 10
days after receiving the agency attorney's notification, request a
hearing on the parts of the proposed agency action not withdrawn, in
accordance with the non-emergency procedures of subpart D of this part.
    (3) If a hearing is requested in accordance with paragraph
(c)(1)(iv) or (c)(2) of this section, the non-emergency procedures of
subpart D of this part apply.
    (4) Failure to request a hearing within the periods provided in
paragraph (c)(1)(iv) or (c)(2) of this section:
    (i) Constitutes a waiver of the right to a hearing and appeal; and
    (ii) Authorizes the agency to make appropriate findings of fact and
to issue an appropriate order without further notice or proceedings.
    (d) Emergency procedures. (1) If the Administrator is of the
opinion that an emergency exists related to safety in air commerce and
requires immediate action, the Administrator issues simultaneously:
    (i) An immediately effective order that expires 80 days after the
date of issuance and sets forth the charges or other reasons upon which
the order is based; and
    (ii) A notice of proposed action that:
    (A) Sets forth the charges or other reasons upon which the notice
of proposed action is based; and
    (B) Advises that within 10 days after service of the notice, the
person may appeal the notice by requesting an expedited hearing in
accordance with the emergency procedures of subpart D of this part.
    (2) The Administrator will serve the immediately effective order
and the notice of proposed action together by personal or overnight
delivery and by certified or registered mail to the person subject to
the order and notice of proposed action.
    (3) Failure to request a hearing challenging the notice of proposed
action under the expedited procedures in subpart D of this part within
10 days after service of the notice:
    (i) Constitutes a waiver of the right to a hearing and appeal under
subpart D of this part; and
    (ii) Authorizes the Administrator, without further notice or
proceedings, to make appropriate findings of fact, issue an immediately
effective order without expiration, and withdraw the 80-day immediately
effective order.
    (4) The filing of a request for hearing under subpart D of this
part does not stay the effectiveness of the 80-day

immediately effective order issued under this section.
    (e) Delegation of authority. The authority of the Administrator
under this section is delegated to the Chief Counsel, each Deputy Chief
Counsel, and the Assistant Chief Counsel for Enforcement.

Sec. Sec.  13.21 through 13.29   [Reserved]

0
5. Revise subpart D to read as follows:

Subpart D--Rules of Practice for FAA Hearings

Sec.
13.31 Applicability.
13.33 Parties, representatives, and notice of appearance.
13.35 Request for hearing, complaint, and answer.
13.37 Hearing officer: Assignment and powers.
13.39 Disqualification of hearing officer.
13.41 Separation of functions and prohibition on ex parte
communications.
13.43 Service and filing of pleadings, motions, and documents.
13.44 [Reserved]
13.45 Computation of time and extension of time.
13.47 Withdrawal or amendment of the complaint, answer, or other
filings.
13.49 Motions.
13.51 Intervention.
13.53 Discovery.
13.55 Notice of hearing.
13.57 Subpoenas and witness fees.
13.59 Evidence.
13.61 Argument and submittals.
13.63 Record, decision, and aircraft registration proceedings.
13.65 Appeal to the Administrator, reconsideration, and judicial
review.
13.67 Procedures for expedited proceedings.
13.69 Other matters: Alternative dispute resolution, standing
orders, and forms.

Sec.  13.31   Applicability.

    This subpart applies to proceedings in which a hearing has been
requested in accordance with Sec.  13.20 or Sec.  13.75. Hearings under
this subpart are considered informal and are provided through the
Office of Adjudication.

Sec.  13.33   Parties, representatives, and notice of appearance.

    (a) Parties. Parties to proceedings under this subpart include the
following: Complainant, respondent, and where applicable, intervenor.
    (1) Complainant is the FAA Office that issued the notice of
proposed action under the authorities listed in Sec.  13.31.
    (2) Respondent is the party filing a request for hearing.
    (3) Intervenor is a person permitted to participate as a party
under Sec.  13.51.
    (b) Representatives. Any party to a proceeding under this subpart
may appear and be heard in person or by a representative. A
representative is an attorney, or another representative designated by
the party.
    (c) Notice of appearance--(1) Content. The representative of a
party must file a notice of appearance that includes the
representative's name, address, telephone number, and, if available,
fax number, and email address.
    (2) Filing. A notice of appearance may be incorporated into an
initial filing in a proceeding. A notice of appearance by additional
representatives or substitutes after an initial filing in a proceeding
must be filed independently.

Sec.  13.35   Request for hearing, complaint, and answer.

    (a) Initial filing and service. A request for hearing must be filed
with the FAA Hearing Docket, and a copy must be served on the official
who issued the notice of proposed action, in accordance with the
requirements in Sec.  13.43 for filing and service of documents. The
request for hearing must be in writing and describe the action proposed
by the FAA, and must contain a statement that a hearing is requested
under this subpart.
    (b) Complaint. Within 20 days after service of the copy of the
request for hearing, the official who issued the notice of proposed
action must forward a copy of that notice, which serves as the
complaint, to the FAA Hearing Docket.
    (c) Answer. Within 30 days after service of the copy of the
complaint, the Respondent must file an answer to the complaint. All
allegations in the complaint not specifically denied in the answer are
deemed admitted.

Sec.  13.37   Hearing officer: Assignment and powers.

    As soon as practicable after the filing of the complaint, the
Director of the Office of Adjudication will assign a hearing officer to
preside over the matter. The hearing officer may--
    (a) Give notice concerning, and hold, prehearing conferences and
hearings;
    (b) Administer oaths and affirmations;
    (c) Examine witnesses;
    (d) Adopt procedures for the submission of evidence in written
form;
    (e) Issue subpoenas;
    (f) Rule on offers of proof;
    (g) Receive evidence;
    (h) Regulate the course of proceedings, including but not limited
to discovery, motions practice, imposition of sanctions, and the
hearing;
    (i) Hold conferences, before and during the hearing, to settle and
simplify issues by consent of the parties;
    (j) Dispose of procedural requests and similar matters;
    (k) Issue protective orders governing the exchange and safekeeping
of information otherwise protected by law, except that national
security information may not be disclosed under such an order;
    (l) Issue orders and decisions, and make findings of fact, as
appropriate; and
    (m) Take any other action authorized by this subpart.

Sec.  13.39   Disqualification of hearing officer.

    (a) Motion and supporting affidavit. Any party may file a motion
for disqualification under Sec.  13.49(g). A party must state the
grounds for disqualification, including, but not limited to, a
financial or other personal interest that would be affected by the
outcome of the enforcement action, personal animus against a party to
the action or against a group to which a party belongs, prejudgment of
the adjudicative facts at issue in the proceeding, or any other
prohibited conflict of interest. A party must submit an affidavit with
the motion for disqualification that sets forth, in detail, the matters
alleged to constitute grounds for disqualification.
    (b) Timing. A motion for disqualification must be filed prior to
the issuance of the hearing officer's decision under Sec.  13.63(b).
Any party may file a response to a motion for disqualification, but
must do so no later than 5 days after service of the motion for
disqualification.
    (c) Decision on motion for disqualification. The hearing officer
must render a decision on the motion for disqualification no later than
15 days after the motion has been filed. If the hearing officer finds
that the motion for disqualification and supporting affidavit show a
basis for disqualification, the hearing officer must withdraw from the
proceedings immediately. If the hearing officer finds that
disqualification is not warranted, the hearing officer must deny the
motion and state the grounds for the denial on the record. If the
hearing officer fails to rule on a party's motion for disqualification
within 15 days after the motion has been filed, the motion is deemed
granted.
    (d) Self-disqualification. A hearing officer may disqualify himself
or herself at any time.

Sec.  13.41   Separation of functions and prohibition on ex parte
communications.

    (a) Separation of powers. The hearing officer independently
exercises the powers under this subpart in a manner conducive to
justice and the proper dispatch of business. The hearing officer

must not participate in any appeal to the Administrator.
    (b) Ex parte communications. (1) No substantive ex parte
communications between the hearing officer and any party are permitted.
    (2) A hearing, conference, or other event scheduled with prior
notice will not constitute ex parte communication prohibited by this
section. A hearing, conference, or other event scheduled with prior
notice, may proceed in the hearing officer's sole discretion if a party
fails to appear, respond, or otherwise participate, and will not
constitute an ex parte communication prohibited by this section.
    (3) For an appeal to the Administrator under this subpart, FAA
attorneys representing the complainant must not advise the
Administrator or engage in any ex parte communications with the
Administrator or his advisors.

Sec.  13.43   Service and filing of pleadings, motions, and documents.

    (a) General rule. A party must file all requests for hearing,
pleadings, motions, and documents with the FAA Hearing Docket, and must
serve a copy upon all parties to the proceedings.
    (b) Methods of filing. Filing must be by email, personal delivery,
expedited or overnight courier express service, mail, or fax.
    (c) Address for filing. A person filing a document with the FAA
Hearing Docket must use the address identified for the method of filing
as follows:
    (1) If delivery is in person, or by expedited or overnight express
courier service. Federal Aviation Administration, 600 Independence
Avenue SW, Wilbur Wright Building--Suite 2W100, Washington, DC 20597;
Attention: FAA Hearing Docket, AGC-70.
    (2) If delivery is via U.S. mail, or U.S. certified or registered
mail. Federal Aviation Administration, 800 Independence Avenue SW,
Washington, DC 20591; Attention: FAA Hearing Docket, AGC-70, Wilbur
Wright Building--Suite 2W100.
    (3) Contact information. The FAA Office of Adjudication will make
available on its website an email address and fax number for the FAA
Hearing Docket, as well as other contact information.
    (d) Requirement to file an original document and number of copies.
A party must file an original document and one copy when filing by
personal delivery or by mail. Only one copy must be filed if filing is
accomplished by email or fax.
    (e) Filing by email. A document that is filed by email must be
attached as a Portable Document Format (PDF) file to an email. The
document must be signed in accordance with Sec.  13.207. The email
message does not constitute a submission, but serves only to deliver
the attached PDF file to the FAA Hearing Docket.
    (f) Methods of service--(1) General. A person may serve any
document by email, personal delivery, expedited or overnight courier
express service, mail, or fax.
    (2) Service by email. Service of documents by email is voluntary
and requires the prior consent of the person to be served by email. A
person may retract consent to be served by email by filing and serving
a written retraction. A document that is served by email must be
attached as a PDF file to an email message.
    (g) Certificate of service. A certificate of service must accompany
all documents filed with the FAA Hearing Docket. The certificate of
service must be signed, describe the method of service, and state the
date of service.
    (h) Date of filing and service. If a document is sent by fax or
email, the date of filing and service is the date the email or fax is
sent. If a document is sent by personal delivery or by expedited or
overnight express courier service, the date of filing and service is
the date that delivery is accomplished. If a document is mailed, the
date of filing and service is the date shown on the certificate of
service, the date shown on the postmark if there is no certificate of
service, or the mailing date shown by other evidence if there is no
certificate of service or postmark.

Sec.  13.44   [Reserved]

Sec.  13.45   Computation of time and extension of time.

    (a) In computing any period of time prescribed or allowed by this
subpart, the date of the act, event, default, notice, or order is not
to be included in the computation. The last day of the period so
computed is to be included unless it is a Saturday, Sunday, or Federal
holiday, in which event the period runs until the end of the next day
that is not a Saturday, Sunday, or a Federal holiday.
    (b) Whenever a party must respond within a prescribed period after
service by mail, 5 days are added to the prescribed period.
    (c) The parties may agree to extend the time for filing any
document required by this subpart with the consent of--
    (1) The Director of the Office of Adjudication prior to the
designation of a hearing officer;
    (2) The hearing officer prior to the filing of a notice of appeal;
or
    (3) The Director of the Office of Adjudication after the filing of
a notice of appeal.
    (d) If the parties do not agree, a party may make a written request
to extend the time for filing to the appropriate official identified in
paragraph (c) of this section. The appropriate official may grant the
request for good cause shown.

Sec.  13.47   Withdrawal or amendment of the complaint, answer, or
other filings.

    (a) Withdrawal. At any time before the hearing, the complainant may
withdraw the complaint, and the respondent may withdraw the request for
hearing.
    (b) Amendments. At any time more than 10 days before the date of
hearing, any party may amend its complaint, answer, or other pleading,
by filing the amendment with the FAA Hearing Docket and serving a copy
of it on every other party. After that time, amendment requires
approval of the hearing officer. If an initial pleading is amended, the
hearing officer must allow the other parties a reasonable opportunity
to respond.

Sec.  13.49   Motions.

    (a) Motions in lieu of an answer. A respondent may file a motion to
dismiss or a motion for a more definite statement in place of an
answer. If the hearing officer denies the motion, the respondent must
file an answer within 10 days.
    (1) Motion to dismiss. The respondent may file a motion asserting
that the allegations in the complaint fail to state a violation of
Federal aviation statutes, a violation of regulations in this chapter,
lack of qualification of the respondent, or other appropriate grounds.
    (2) Motion for more definite statement. The respondent may file a
motion that the allegations in the notice be made more definite and
certain.
    (b) Motion to dismiss request for hearing. The FAA may file a
motion to dismiss a request for hearing based on jurisdiction,
timeliness, or other appropriate grounds.
    (c) Motion for decision on the pleadings or for summary decision.
After the complaint and answer are filed, either party may move for a
decision on the pleadings or for a summary decision, in the manner
provided by Rules 12 and 56, respectively, of the Federal Rules of
Civil Procedure.
    (d) Motion to strike. Upon motion of either party, the hearing
officer may order stricken, from any pleadings, any insufficient
allegation or defense, or any

redundant, immaterial, impertinent, or scandalous matter.
    (e) Motion to compel. Any party may file a motion asking the
hearing officer to order any other party to produce discovery requested
in accordance with Sec.  13.53 if--
    (1) The other party has failed to timely produce the requested
discovery; and
    (2) The moving party certifies it has in good faith conferred with
the other party in an attempt to obtain the requested discovery prior
to filing the motion to compel.
    (f) Motion for protective order. The hearing officer may order
information contained in anything filed, or in any testimony given
pursuant to this subpart withheld from public disclosure when, in the
judgment of the hearing officer, disclosure would be detrimental to
aviation safety; disclosure would not be in the public interest; or the
information is not otherwise required to be made available to the
public. Any person may make written objection to the public disclosure
of any information, stating the ground for such objection.
    (g) Other motions. Any application for an order or ruling not
otherwise provided for in this subpart must be made by motion.
    (h) Responses to motions. Any party may file a response to any
motion under this subpart within 10 days after service of the motion.

Sec.  13.51   Intervention.

    Any person may move for leave to intervene in a proceeding and may
become a party thereto, if the hearing officer, after the case is sent
to the hearing officer for hearing, finds that the person may be bound
by the order to be issued in the proceedings or has a property or
financial interest that may not be adequately represented by existing
parties, and that the intervention will not unduly broaden the issues
or delay the proceedings. Except for good cause shown, a motion for
leave to intervene may not be considered if it is filed less than 10
days before the hearing.

Sec.  13.53   Discovery.

    (a) Filing. Discovery requests and responses are not filed with the
FAA Hearing Docket unless in support of a motion, offered for
impeachment, or other permissible circumstances as approved by the
hearing officer.
    (b) Scope of discovery. Any party may discover any matter that is
not privileged and is relevant to any party's claim or defense.
    (c) Time for response to written discovery requests. (1) Written
discovery includes interrogatories, requests for admission or
stipulations, and requests for production of documents.
    (2) Unless otherwise directed by the hearing officer, a party must
serve its response to a discovery request no later than 30 days after
service of the discovery request.
    (d) Depositions. After the respondent has filed a request for
hearing and an answer, either party may take testimony by deposition.
    (e) Limits on discovery. The hearing officer may limit the
frequency and extent of discovery upon a showing by a party that--
    (1) The discovery requested is cumulative or repetitious;
    (2) The discovery requested can be obtained from another less
burdensome and more convenient source;
    (3) The party requesting the information has had ample opportunity
to obtain the information through other discovery methods permitted
under this section; or
    (4) The method or scope of discovery requested by the party is
unduly burdensome or expensive.

Sec.  13.55   Notice of hearing.

    The hearing officer must set a reasonable date, time, and location
for the hearing, and must give the parties adequate notice thereof, and
of the nature of the hearing. Due regard must be given to the
convenience of the parties with respect to the location of the hearing.

Sec.  13.57   Subpoenas and witness fees.

    (a) Application. The hearing officer, upon application by any party
to the proceeding, may issue subpoenas requiring the attendance of
witnesses or the production of documents or tangible things at a
hearing or for the purpose of taking depositions, as permitted by law.
The application for producing evidence must show its general relevance
and reasonable scope. Absent good cause shown, a party must file a
request for a subpoena at least:
    (1) 15 days before a scheduled deposition under the subpoena; or
    (2) 30 days before a scheduled hearing where attendance at the
hearing is sought.
    (b) Procedure. A party seeking the production of a document in the
custody of an FAA employee must use the discovery procedure found in
Sec.  13.53, and if necessary, a motion to compel under Sec.  13.49. A
party that applies for the attendance of an FAA employee at a hearing
must send the application, in writing, to the hearing officer. The
application must set forth the need for that employee's attendance.
    (c) Fees. Except for an employee of the agency who appears at the
direction of the agency, a witness who appears at a deposition or
hearing is entitled to the same fees and allowances as provided for
under 28 U.S.C. 1821. The party who applies for a subpoena to compel
the attendance of a witness at a deposition or hearing, or the party at
whose request a witness appears at a deposition or hearing, must pay
the witness fees and allowances described in this section.
    (d) Service of subpoenas. Any person who is at least 18 years old
and not a party may serve a subpoena. Serving a subpoena requires
delivering a copy to the named person. Except for the complainant, the
party that requested the subpoena must tender at the time of service
the fees for 1 day's attendance and the allowances allowed by law if
the subpoena requires that person's attendance. Proving service, if
necessary, requires the filing with the FAA Hearing Docket of a
statement showing the date and manner of service and the names of the
persons served. The server must certify the statement.
    (e) Motion to quash or modify the subpoena. A party, or any person
served with a subpoena, may file a motion to quash or modify the
subpoena with the hearing officer at or before the time specified in
the subpoena for compliance. The movant must describe, in detail, the
basis for the application to quash or modify the subpoena including,
but not limited to, a statement that the testimony, document, or
tangible thing is not relevant to the proceeding, that the subpoena is
not reasonably tailored to the scope of the proceeding, or that the
subpoena is unreasonable and oppressive. A motion to quash or modify
the subpoena will stay the effect of the subpoena pending a decision by
the hearing officer on the motion.
    (f) Enforcement of subpoena. If a person disobeys a subpoena, a
party may apply to a U.S. district court to seek judicial enforcement
of the subpoena.

Sec.  13.59   Evidence.

    (a) Each party to a hearing may present the party's case or defense
by oral or documentary evidence, submit evidence in rebuttal, and
conduct such cross-examination as may be needed for a full disclosure
of the facts.
    (b) Except with respect to affirmative defenses and notices of
proposed denial, the burden of proof is upon the complainant.

Sec.  13.61   Argument and submittals.

    The hearing officer must give the parties adequate opportunity to
present arguments in support of motions,

objections, and the final order. The hearing officer may determine
whether arguments are to be oral or written. At the end of the hearing,
the hearing officer may allow each party to submit written proposed
findings and conclusions and supporting reasons for them.

Sec.  13.63   Record, decision, and aircraft registration proceedings.

    (a) The record. (1) The testimony and exhibits admitted at a
hearing, together with all papers, requests, and rulings filed in the
proceedings, are the exclusive basis for the issuance of the hearing
officer's decision.
    (2) On appeal to the Administrator, the record shall include all of
the information identified in paragraph (a)(1) of this section and
evidence proffered but not admitted at the hearing.
    (3) Any party may obtain a transcript of the hearing from the
official reporter upon payment of the required fees.
    (b) Hearing officer's decision. The decision by the hearing officer
must include findings of fact based on the record, conclusions of law,
and an appropriate order.
    (c) Certain aircraft registration proceedings. If the hearing
officer determines that an aircraft is ineligible for a certificate of
aircraft registration in proceedings relating to aircraft registration
orders suspending or revoking a certificate of registration under Sec.
13.20, the hearing officer may suspend or revoke the aircraft
registration certificate.

Sec.  13.65   Appeal to the Administrator, reconsideration, and
judicial review.

    (a) Any party to a hearing may appeal from the order of the hearing
officer by filing with the FAA Hearing Docket a notice of appeal to the
Administrator within 20 days after the date of issuance of the order.
Filing and service of the notice of appeal, and any other papers, are
accomplished according to the procedures in Sec.  13.43.
    (b) If a notice of appeal is not filed from the order issued by a
hearing officer, such order is final with respect to the parties. Such
order is not binding precedent and is not subject to judicial review.
    (c) Any person filing an appeal authorized by paragraph (a) of this
section must file an appeal brief with the Administrator within 40 days
after the date of issuance of the order, and serve a copy on the other
party. A reply brief must be filed within 40 days after service of the
appeal brief and a copy served on the appellant.
    (d) On appeal, the Administrator reviews the record of the
proceeding and issues an order dismissing, reversing, modifying or
affirming the order. The Administrator's order includes the reasons for
the Administrator's action. The Administrator considers only whether:
    (1) Each finding of fact is supported by a preponderance of the
reliable, probative, and substantial evidence;
    (2) Each conclusion is made in accordance with law, precedent, and
policy; and
    (3) The hearing officer committed any prejudicial error.
    (e) The Director and legal personnel of the Office of Adjudication
serve as the advisors to the Administrator for appeals under this
section.
    (1) The Director has the authority to:
    (i) Manage all or portions of individual appeals; and to prepare
written decisions and proposed final orders in such appeals;
    (ii) Issue procedural and other interlocutory orders aimed at
proper and efficient appeal management, including, without limitation,
scheduling and sanctions orders;
    (iii) Grant or deny motions to dismiss appeals;
    (iv) Dismiss appeals upon request of the appellant or by agreement
of the parties;
    (v) Stay decisions and orders of the Administrator, pending
judicial review or reconsideration by the Administrator;
    (vi) Summarily dismiss repetitious or frivolous petitions to
reconsider or modify orders;
    (vii) Correct typographical, grammatical, and similar errors in the
Administrator's decisions and orders, and to make non-substantive
editorial changes; and
    (viii) Take all other reasonable steps deemed necessary and proper
for the management of the appeals process, in accordance with this part
and applicable law.
    (2) The Director's authority in paragraph (e)(1) of this section
may be re-delegated, as necessary, except to hearing officers and
others materially involved in the hearing that is the subject of the
appeal.
    (f) Motions to reconsider the final order of the Administrator must
be filed with the FAA Hearing Docket within thirty days of service of
the Administrator's order.
    (g) Judicial review of the Administrator's final order under this
section is provided in accordance with 49 U.S.C. 5127 or 46110, as
applicable.

Sec.  13.67   Procedures for expedited proceedings.

    (a) When an expedited administrative hearing is requested in
accordance with Sec.  13.20(d), the procedures in this subpart will
apply except as provided in paragraphs (a)(1) through (7) of this
section.
    (1) Service and filing of pleadings, motions, and documents must be
by overnight delivery, and fax or email. Responses to motions must be
filed within 7 days after service of the motion.
    (2) Within 3 days after receipt of the request for hearing, the
agency must file a copy of the notice of proposed action, which serves
as the complaint, to the FAA Hearing Docket.
    (3) Within 3 days after receipt of the complaint, the person that
requested the hearing must file an answer to the complaint. All
allegations in the complaint not specifically denied in the answer are
deemed admitted. Failure to file a timely answer, absent a showing of
good cause, constitutes withdrawal of the request for hearing.
    (4) Within 3 days of the filing of the complaint, the Director of
the Office of Adjudication will assign a hearing officer to preside
over the matter.
    (5) The parties must serve discovery as soon as possible and set
time limits for compliance with discovery requests that accommodate the
accelerated adjudication schedule set forth in this subpart. The
hearing officer will resolve any failure of the parties to agree to a
discovery schedule.
    (6) The expedited hearing must commence within 40 days after the
notice of proposed action was issued.
    (7) The hearing officer must issue an oral decision and order
dismissing, reversing, modifying, or affirming the notice of proposed
action at the close of the hearing. If a notice of appeal is not filed,
such order is final with respect to the parties and is not subject to
judicial review.
    (b) Any party to the expedited hearing may appeal from the initial
decision of the hearing officer to the Administrator by filing a notice
of appeal within 3 days after the date on which the decision was
issued. The time limitations for the filing of documents for appeals
under this section will not be extended by reason of the unavailability
of the hearing transcript.
    (1) Any appeal to the Administrator under this section must be
perfected within 7 days after the date the notice of appeal was filed
by filing a brief in support of the appeal. Any reply to the appeal
brief must be filed within 7 days after the date the appeal brief was
served on that party. The Administrator must issue an order deciding
the appeal no later than 80 days after the date the notice of proposed
action was issued.

    (2) The Administrator's order is immediately effective and
constitutes the final agency decision. The Administrator's order may be
appealed pursuant to 49 U.S.C. 46110. The filing of an appeal under 49
U.S.C. 46110 does not stay the effectiveness of the Administrator's
order.
    (c) At any time after an immediately effective order is issued, the
FAA may request the United States Attorney General, or the delegate of
the Attorney General, to bring an action for appropriate relief.

Sec.  13.69   Other matters: Alternative dispute resolution, standing
orders, and forms.

    (a) Parties may use mediation to achieve resolution of issues in
controversy addressed by this subpart. Parties seeking alternative
dispute resolution services may engage the services of a mutually
acceptable mediator. The mediator must not participate in the
adjudication under this subpart of any matter in which the mediator has
provided mediation services. Mediation discussions and submissions will
remain confidential consistent with the provisions of the
Administrative Dispute Resolution Act, the principles of Federal Rule
of Evidence 408, and other applicable Federal laws.
    (b) The Director of the Office of Adjudication may issue standing
orders and forms needed for the proper dispatch of business under this
subpart.

0
6. Revise subpart E to read as follows:

Subpart E--Orders of Compliance Under the Hazardous Materials
Transportation Act

Sec.
13.71 Applicability.
13.73 Notice of proposed order of compliance.
13.75 Reply or request for hearing.
13.77 Consent order of compliance.
13.79 [Reserved]
13.81 Emergency orders.
13.83 through 13.87 [Reserved]

Sec.  13.71   Applicability.

    (a) An order of compliance may be issued after notice and an
opportunity for a hearing in accordance with Sec. Sec.  13.73 through
13.77 whenever the Chief Counsel, a Deputy Chief Counsel, or the
Assistant Chief Counsel for Enforcement has reason to believe that a
person is engaging in the transportation or shipment by air of
hazardous materials in violation of the Hazardous Materials
Transportation Act, as amended and codified at 49 U.S.C. chapter 51, or
any rule, regulation, or order issued under 49 U.S.C. chapter 51, for
which the FAA exercises enforcement responsibility, and the
circumstances do not require the issuance of an emergency order under
49 U.S.C. 5121(d).
    (b) If circumstances require the issuance of an emergency order
under 49 U.S.C. 5121(d), the Chief Counsel, a Deputy Chief Counsel, or
the Assistant Chief Counsel for Enforcement will issue an emergency
order of compliance as described in Sec.  13.81.

Sec.  13.73   Notice of proposed order of compliance.

    The Chief Counsel, a Deputy Chief Counsel, or the Assistant Chief
Counsel for Enforcement may issue to an alleged violator a notice of
proposed order of compliance advising the alleged violator of the
charges and setting forth the remedial action sought in the form of a
proposed order of compliance.

Sec.  13.75   Reply or request for hearing.

    (a) Within 30 days after service upon the alleged violator of a
notice of proposed order of compliance, the alleged violator may--
    (1) Submit a written reply;
    (2) Submit a written request for an informal conference to discuss
the matter with an agency attorney; or
    (3) Request a hearing in accordance with subpart D of this part.
    (b) If, after an informal conference is held or a reply is filed,
the agency attorney notifies the person named in the notice that some
or all of the proposed agency action will not be withdrawn or will not
be subject to a consent order of compliance, the alleged violator may,
within 10 days after receiving the agency attorney's notification,
request a hearing in accordance with subpart D of this part.
    (c) Failure of the alleged violator to file a reply or request a
hearing within the period provided in paragraph (a) or (b) of this
section, as applicable--
    (1) Constitutes a waiver of the right to a hearing under subpart D
of this part and the right to petition for judicial review; and
    (2) Authorizes the Administrator to make any appropriate findings
of fact and to issue an appropriate order of compliance, without
further notice or proceedings.

Sec.  13.77   Consent order of compliance.

    (a) At any time before the issuance of an order of compliance, an
agency attorney and the alleged violator may agree to dispose of the
case by the issuance of a consent order of compliance.
    (b) The alleged violator may submit a proposed consent order to an
agency attorney. The proposed consent order must include--
    (1) An admission of all jurisdictional facts;
    (2) An express waiver of the right to further procedural steps and
of all rights to legal review in any forum;
    (3) An express waiver of attorney's fees and costs;
    (4) If a notice has been issued prior to the proposed consent order
of compliance, an incorporation by reference of the notice and an
acknowledgement that the notice may be used to construe the terms of
the consent order of compliance; and
    (5) If a request for hearing is pending in any forum, a provision
that the alleged violator will withdraw the request for a hearing and
request that the case be dismissed.

Sec.  13.79   [Reserved]

Sec.  13.81   Emergency orders.

    (a) Notwithstanding Sec. Sec.  13.73 through 13.77, the Chief
Counsel, each Deputy Chief Counsel, or the Assistant Chief Counsel for
Enforcement may issue an emergency order of compliance, which is
effective upon issuance, in accordance with the procedures in subpart C
of 49 CFR part 109, if the person who issues the order finds that there
is an ``imminent hazard'' as defined in 49 CFR 109.1.
    (b) The FAA official who issued the emergency order of compliance
may rescind or suspend the order if the criteria set forth in paragraph
(a) of this section are no longer satisfied, and, when appropriate, may
issue a notice of proposed order of compliance under Sec.  13.73.
    (c) If at any time in the course of a proceeding commenced in
accordance with Sec.  13.73 the criteria set forth in paragraph (a) of
this section are satisfied, the official who issued the notice may
issue an emergency order of compliance, even if the period for filing a
reply or requesting a hearing specified in Sec.  13.75 has not expired.

Sec. Sec.  13.83 through 13.87   [Reserved]

0
7. Revise subpart F to read as follows:

Subpart F--Formal Fact-Finding Investigation Under an Order of
Investigation

Sec.
13.101 Applicability.
13.103 Order of investigation.
13.105 Notification.
13.107 Designation of additional parties.
13.109 Convening the investigation.
13.111 Subpoenas.
13.113 Noncompliance with the investigative process.
13.115 Public proceedings.
13.117 Conduct of investigative proceeding or deposition.

13.119 Immunity and orders requiring testimony or other information.
13.121 Witness fees.
13.123 Submission by party to the investigation.
13.125 Depositions.
13.127 Reports, decisions, and orders.
13.129 Post-investigation action.
13.131 Other procedures.

Sec.  13.101   Applicability.

    (a) This subpart applies to fact-finding investigations in which an
investigation has been ordered under Sec.  13.3(c) or Sec.  13.5(f)(2).
    (b) This subpart does not limit the authority of any person to
issue subpoenas, administer oaths, examine witnesses, and receive
evidence in any informal investigation as otherwise provided by law.

Sec.  13.103   Order of investigation.

    The order of investigation--
    (a) Defines the scope of the investigation by describing the
information sought in terms of its subject matter or its relevancy to
specified FAA functions;
    (b) Sets forth the form of the investigation which may be either by
individual deposition or investigative proceeding or both; and
    (c) Names the official who is authorized to conduct the
investigation and serve as the presiding officer.

Sec.  13.105   Notification.

    Any person under investigation and any person required to testify
and produce documentary or physical evidence during the investigation
will be advised of the purpose of the investigation, and of the place
where the investigative proceeding or deposition will be convened. This
may be accomplished by a notice of investigation or by a subpoena. A
copy of the order of investigation may be sent to such persons when
appropriate.

Sec.  13.107  Designation of additional parties.

    (a) The presiding officer may designate additional persons as
parties to the investigation, if in the discretion of the presiding
officer, it will aid in the conduct of the investigation.
    (b) The presiding officer may designate any person as a party to
the investigation if--
    (1) The person petitions the presiding officer to participate as a
party;
    (2) The disposition of the investigation may as a practical matter
impair the ability to protect the person's interest unless allowed to
participate as a party; and
    (3) The person's interest is not adequately represented by existing
parties.

Sec.  13.109   Convening the investigation.

    The presiding officer will conduct the investigation at a location
convenient to the parties involved and as expeditious and efficient as
handling of the investigation permits.

Sec.  13.111   Subpoenas.

    (a) At the discretion of the presiding officer, or at the request
of a party to the investigation, the presiding officer may issue a
subpoena directing any person to appear at a designated time and place
to testify or to produce documentary or physical evidence relating to
any matter under investigation.
    (b) Subpoenas must be served by personal service on the person or
an agent designated in writing for the purpose, or by registered or
certified mail addressed to the person or agent. Whenever service is
made by registered or certified mail, the date of mailing will be
considered the time when service is made.
    (c) Subpoenas extend in jurisdiction throughout the United States
and any territory or possession thereof.

Sec.  13.113   Noncompliance with the investigative process.

    (a) If a person disobeys a subpoena, the Administrator or a party
to the investigation may petition a court of the United States to
enforce the subpoena in accordance with applicable statutes.
    (b) If a party to the investigation fails to comply with the
provisions of this subpart or an order issued by the presiding officer,
the Administrator may bring a civil action to enforce the requirements
of this subpart or any order issued under this subpart in a court of
the United States in accordance with applicable statutes.

Sec.  13.115   Public proceedings.

    (a) All investigative proceedings and depositions must be public
unless the presiding officer determines that the public interest
requires otherwise.
    (b) The presiding officer may order information contained in any
report or document filed or in any testimony given pursuant to this
subpart withheld from public disclosure when, in the judgment of the
presiding officer, disclosure would adversely affect the interests of
any person and is not required in the public interest or is not
otherwise required by statute to be made available to the public. Any
person may make written objection to the public disclosure of
information, stating the grounds for such objection.

Sec.  13.117   Conduct of investigative proceeding or deposition.

    (a) The presiding officer may question witnesses.
    (b) Any witness may be accompanied by counsel.
    (c) Any party may be accompanied by counsel and either the party or
counsel may--
    (1) Question witnesses, provided the questions are relevant and
material to the matters under investigation and would not unduly impede
the progress of the investigation; and
    (2) Make objections on the record and argue the basis for such
objections.
    (d) Copies of all notices or written communications sent to a party
or witness must, upon request, be sent to that person's attorney of
record.

Sec.  13.119   Immunity and orders requiring testimony or other
information.

    (a) Whenever a person refuses, on the basis of a privilege against
self-incrimination, to testify or provide other information during the
course of any investigation conducted under this subpart, the presiding
officer may, with the approval of the United States Attorney General,
or the delegate of the Attorney General, issue an order requiring the
person to give testimony or provide other information. However, no
testimony or other information so compelled (or any information
directly or indirectly derived from such testimony or other
information) may be used against the person in any criminal case,
except in a prosecution for perjury, giving a false statement, or
otherwise failing to comply with the order.
    (b) The presiding officer may issue an order under this section
if--
    (1) The testimony or other information from the witness may be
necessary to the public interest; and
    (2) The witness has refused or is likely to refuse to testify or
provide other information on the basis of a privilege against self-
incrimination.
    (c) Immunity provided by this section will not become effective
until the person has refused to testify or provide other information on
the basis of a privilege against self-incrimination, and an order under
this section has been issued. An order, however, may be issued
prospectively to become effective in the event of a claim of the
privilege.

Sec.  13.121   Witness fees.

    All witnesses appearing, other than employees of the Federal
Aviation Administration, are entitled to the same fees and allowances
as provided for under 28 U.S.C. 1821.

Sec.  13.123   Submission by party to the investigation.

    (a) During an investigation conducted under this subpart, a party
may submit to the presiding officer--

    (1) A list of witnesses to be called, specifying the subject matter
of the expected testimony of each witness; and
    (2) A list of exhibits to be considered for inclusion in the
record.
    (b) If the presiding officer determines that the testimony of a
witness or the receipt of an exhibit in accordance with paragraph (a)
of this section will be relevant, competent, and material to the
investigation, the presiding officer may subpoena the witness or use
the exhibit during the investigation.

Sec.  13.125   Depositions.

    Depositions for investigative purposes may be taken at the
discretion of the presiding officer with reasonable notice to the party
under investigation. Depositions must be taken before the presiding
officer or other person authorized to administer oaths and designated
by the presiding officer. The testimony must be reduced to writing by
the person taking the deposition, or under the direction of that
person, and where possible must then be subscribed by the deponent. Any
person may be compelled to appear and testify and to produce physical
and documentary evidence.

Sec.  13.127  Reports, decisions, and orders.

    The presiding officer must issue a written report based on the
record developed during the formal investigation, including a summary
of principal conclusions. A summary of principal conclusions must be
prepared by the official who issued the order of investigation in every
case that results in no action, or no action as to a particular party
to the investigation. All such reports must be furnished to the parties
to the investigation and made available to the public on request.

Sec.  13.129   Post-investigation action.

    A decision on whether to initiate subsequent action must be made on
the basis of the record developed during the formal investigation and
any other information in the possession of the Administrator.

Sec.  13.131   Other procedures.

    Any question concerning the scope or conduct of a formal
investigation not covered in this subpart may be ruled on by the
presiding officer on his or her own initiative, or on the motion of a
party or a person testifying or producing evidence.

0
8. Revise subpart G to read as follows:

Subpart G--Rules of Practice In FAA Civil Penalty Actions

Sec.
13.201 Applicability.
13.202 Definitions.
13.203 Separation of functions.
13.204 Appearances and rights of parties.
13.205 Administrative law judges.
13.206 Intervention.
13.207 Certification of documents.
13.208 Complaint.
13.209 Answer.
13.210 Filing of documents.
13.211 Service of documents.
13.212 Computation of time.
13.213 Extension of time.
13.214 Amendment of pleadings.
13.215 Withdrawal of complaint or request for hearing.
13.216 Waivers.
13.217 Joint procedural or discovery schedule.
13.218 Motions.
13.219 Interlocutory appeals.
13.220 Discovery.
13.221 Notice of hearing.
13.222 Evidence.
13.223 Standard of proof.
13.224 Burden of proof.
13.225 Offer of proof.
13.226 Public disclosure of information.
13.227 Expert or opinion witnesses.
13.228 Subpoenas.
13.229 Witness fees.
13.230 Record.
13.231 Argument before the administrative law judge.
13.232 Initial decision.
13.233 Appeal from initial decision.
13.234 Petition to reconsider or modify a final decision and order
of the FAA decisionmaker on appeal.
13.235 Judicial review of a final decision and order.
13.236 Alternative dispute resolution.

Sec.  13.201   Applicability.

    This subpart applies to all civil penalty actions initiated under
Sec.  13.16 in which a hearing has been requested.

Sec.  13.202   Definitions.

    For this subpart only, the following definitions apply:
    Administrative law judge means an administrative law judge
appointed pursuant to the provisions of 5 U.S.C. 3105.
    Agency attorney means the Deputy Chief Counsel or the Assistant
Chief Counsel responsible for the prosecution of enforcement-related
matters under this subpart, or attorneys who are supervised by those
officials or are assigned to prosecute a particular enforcement-related
matter under this subpart. Agency attorney does not include the Chief
Counsel or anyone from the Office of Adjudication.
    Complaint means a document issued by an agency attorney alleging a
violation of a provision of the Federal aviation statute listed in the
first sentence of 49 U.S.C. 46301(d)(2) or in 49 U.S.C. 47531, or of
the Federal hazardous materials transportation statute, 49 U.S.C. 5121-
5128, or a rule, regulation, or order issued under those statutes, that
has been filed with the FAA Hearing Docket after a hearing has been
requested under Sec.  13.16(f)(3) or (g)(2)(ii).
    Complainant means the FAA office that issued the notice of proposed
civil penalty under Sec.  13.16.
    FAA decisionmaker means the Administrator of the Federal Aviation
Administration, acting in the capacity of the decisionmaker on appeal,
or any person to whom the Administrator has delegated the
Administrator's decisionmaking authority in a civil penalty action. As
used in this subpart, the FAA decisionmaker is the official authorized
to issue a final decision and order of the Administrator in a civil
penalty action.
    Mail includes U.S. mail, U.S. certified mail, U.S. registered mail,
or use of an expedited or overnight express courier service, but does
not include email.
    Office of Adjudication means the Federal Aviation Administration
Office of Adjudication, including the FAA Hearing Docket, the Director
of the Office of Adjudication and legal personnel, or any subsequently
designated office (including its head and any legal personnel) that
advises the FAA decisionmaker regarding appeals of initial decisions
and orders to the FAA decisionmaker.
    Order assessing civil penalty means a document that contains a
finding of a violation of a provision of the Federal aviation statute
listed in the first sentence of 49 U.S.C. 46301(d)(2) or in 49 U.S.C.
47531, or of the Federal hazardous materials transportation statute, 49
U.S.C. 5121-5128, or a rule, regulation, or order issued under those
statutes, and may direct payment of a civil penalty. Unless an appeal
is filed with the FAA decisionmaker in a timely manner, an initial
decision or order of an administrative law judge is considered an order
assessing civil penalty if an administrative law judge finds that an
alleged violation occurred and determines that a civil penalty, in an
amount found appropriate by the administrative law judge, is warranted.
Unless a petition for review is filed with a U.S. Court of Appeals in a
timely manner, a final decision and order of the Administrator is
considered an order assessing civil penalty if the FAA decisionmaker
finds that an alleged violation occurred and a civil penalty is
warranted.
    Party means the Respondent, the complainant and any intervenor.
    Personal delivery includes hand-delivery or use of a contract or
express messenger service. ``Personal delivery''

does not include the use of Federal Government interoffice mail
service.
    Pleading means a complaint, an answer, and any amendment of these
documents permitted under this subpart.
    Properly addressed means a document that shows an address contained
in agency records; a residential, business, or other address submitted
by a person on any document provided under this subpart; or any other
address shown by other reasonable and available means.
    Respondent means a person named in a complaint.
    Writing or written includes paper or electronic documents that are
filed or served by email, mail, personal delivery, or fax.

Sec.  13.203   Separation of functions.

    (a) Civil penalty proceedings, including hearings, are prosecuted
by an agency attorney.
    (b) An agency employee who has engaged in the performance of
investigative or prosecutorial functions in a civil penalty action must
not participate in deciding or advising the administrative law judge or
the FAA decisionmaker in that case, or a factually-related case, but
may participate as counsel for the complainant or as a witness in the
public proceedings.
    (c) The Chief Counsel and the Director and legal personnel of the
Office of Adjudication will advise the FAA decisionmaker regarding any
appeal of an initial decision or order in a civil penalty action to the
FAA decisionmaker.

Sec.  13.204   Appearances and rights of parties.

    (a) Any party may appear and be heard in person.
    (b) Any party may be accompanied, represented, or advised by an
attorney or representative designated by the party, and may be examined
by that attorney or representative in any proceeding governed by this
subpart. An attorney or representative who represents a party must file
a notice of appearance in the action, in the manner provided in Sec.
13.210, and must serve a copy of the notice of appearance on each
party, and on the administrative law judge, if assigned, in the manner
provided in Sec.  13.211, before participating in any proceeding
governed by this subpart. The attorney or representative must include
the name, address, and telephone number, and, if available, fax number
and email address, of the attorney or representative in the notice of
appearance.
    (c) Any person may request a copy of a document in the record upon
payment of reasonable costs. A person may keep an original document,
data, or evidence, with the consent of the administrative law judge, by
substituting a legible copy of the document for the record.

Sec.  13.205   Administrative law judges.

    (a) Powers of an administrative law judge. In accordance with the
rules of this subpart, an administrative law judge may:
    (1) Give notice of, and hold, prehearing conferences and hearings;
    (2) Administer oaths and affirmations;
    (3) Issue subpoenas as authorized by law;
    (4) Rule on offers of proof;
    (5) Receive relevant and material evidence;
    (6) Regulate the course of the hearing in accordance with the rules
of this subpart;
    (7) Hold conferences to settle or to simplify the issues by consent
of the parties;
    (8) Dispose of procedural motions and requests;
    (9) Make findings of fact and conclusions of law, and issue an
initial decision;
    (10) Bar a person from a specific proceeding based on a finding of
obstreperous or disruptive behavior in that specific proceeding; and
    (11) Take any other action authorized by this subpart.
    (b) Limitations. The administrative law judge must not issue an
order of contempt, award costs to any party, or impose any sanction not
specified in this subpart. If the administrative law judge imposes any
sanction not specified in this subpart, a party may file an
interlocutory appeal of right under Sec.  13.219(c).
    (c) Disqualification. The administrative law judge may disqualify
himself or herself at any time. A party may file a motion for
disqualification under Sec.  13.218.

Sec.  13.206   Intervention.

    (a) A person may submit a motion for leave to intervene as a party
in a civil penalty action. Except for good cause shown, a motion for
leave to intervene must be submitted not later than 10 days before the
hearing.
    (b) The administrative law judge may grant a motion for leave to
intervene if the administrative law judge finds that intervention will
not unduly broaden the issues or delay the proceedings and--
    (1) The person seeking to intervene will be bound by any order or
decision entered in the action; or
    (2) The person seeking to intervene has a property, financial, or
other legitimate interest that may not be addressed adequately by the
parties.
    (c) The administrative law judge may determine the extent to which
an intervenor may participate in the proceedings.

Sec.  13.207   Certification of documents.

    (a) Signature required. The attorney of record, the party, or the
party's representative must sign, by hand, electronically, or by other
method acceptable to the administrative law judge, or, if the matter is
on appeal, to the FAA decisionmaker, each document tendered for filing
with the FAA Hearing Docket or served on the administrative law judge
and on each other party.
    (b) Effect of signing a document. By signing a document, the
attorney of record, the party, or the party's representative certifies
that the attorney, the party, or the party's representative has read
the document and, based on reasonable inquiry and to the best of that
person's knowledge, information, and belief, the document is--
    (1) Consistent with the rules in this subpart;
    (2) Warranted by existing law or a good faith argument for
extension, modification, or reversal of existing law; and
    (3) Not unreasonable or unduly burdensome or expensive, not made to
harass any person, not made to cause unnecessary delay, and not made to
cause needless increase in the cost of the proceedings or for any other
improper purpose.
    (c) Sanctions. If the attorney of record, the party, or the party's
representative signs a document in violation of this section, the
administrative law judge or the FAA decisionmaker must:
    (1) Strike the pleading signed in violation of this section;
    (2) Strike the request for discovery or the discovery response
signed in violation of this section and preclude further discovery by
the party;
    (3) Deny the motion or request signed in violation of this section;
    (4) Exclude the document signed in violation of this section from
the record;
    (5) Dismiss the interlocutory appeal and preclude further appeal on
that issue by the party who filed the appeal until an initial decision
has been entered on the record; or
    (6) Dismiss the appeal of the administrative law judge's initial
decision to the FAA decisionmaker.

Sec.  13.208   Complaint.

    (a) Filing. The agency attorney must file the complaint with the
FAA Hearing

Docket, or may file a written motion to dismiss a request for hearing
under Sec.  13.218 instead of filing a complaint, not later than 20
days after receipt by the agency attorney of a request for hearing.
When filing the complaint, the agency attorney must follow the filing
instructions in Sec.  13.210. The agency attorney may suggest a
location for the hearing when filing the complaint.
    (b) Service. An agency attorney must serve a copy of the complaint
on the respondent, the president of the corporation or company named as
a respondent, or a person designated by the respondent to accept
service of documents in the civil penalty action. When serving the
complaint, the agency attorney must follow the service instructions in
Sec.  13.211.
    (c) Contents. A complaint must set forth the facts alleged, any
regulation allegedly violated by the respondent, and the proposed civil
penalty in sufficient detail to provide notice of any factual or legal
allegation and proposed civil penalty.
    (d) Motion to dismiss stale allegations or complaint. Instead of
filing an answer to the complaint, a respondent may move to dismiss the
complaint, or that part of the complaint, alleging a violation that
occurred more than 2 years before an agency attorney issued a notice of
proposed civil penalty to the respondent.
    (1) An administrative law judge may not grant the motion and
dismiss the complaint or part of the complaint if the administrative
law judge finds that the agency has shown good cause for any delay in
issuing the notice of proposed civil penalty.
    (2) If the agency fails to show good cause for any delay, an
administrative law judge may dismiss the complaint, or that part of the
complaint, alleging a violation that occurred more than 2 years before
an agency attorney issued the notice of proposed civil penalty to the
respondent.
    (3) A party may appeal the administrative law judge's ruling on the
motion to dismiss the complaint or any part of the complaint in
accordance with Sec.  13.219(b).

Sec.  13.209   Answer.

    (a) Writing required. A respondent must file in the FAA Hearing
Docket a written answer to the complaint, or may file a written motion
pursuant to Sec.  13.208 or Sec.  13.218 instead of filing an answer,
not later than 30 days after service of the complaint. The answer must
be dated and signed by the person responding to the complaint. An
answer must be typewritten or legibly handwritten.
    (b) Filing. A person filing an answer or motion under paragraph (a)
of this section must follow the filing instructions in Sec.  13.210.
    (c) Service. A person filing an answer or a motion under paragraph
(a) of this section must serve a copy of the answer or motion in
accordance with the service instructions in Sec.  13.211.
    (d) Contents. An answer must specifically state any affirmative
defense that the respondent intends to assert at the hearing. A person
filing an answer may include a brief statement of any relief requested
in the answer. The person filing an answer may recommend a location for
the hearing when filing the answer.
    (e) Specific denial of allegations required. A person filing an
answer must admit, deny, or state that the person is without sufficient
knowledge or information to admit or deny, each allegation in the
complaint. All allegations in the complaint not specifically denied in
the answer are deemed admitted. A general denial of the complaint is
deemed a failure to file an answer.
    (f) Failure to file answer. A person's failure to file an answer
without good cause will be deemed an admission of the truth of each
allegation contained in the complaint.

Sec.  13.210   Filing of documents.

    (a) General rule. Unless provided otherwise in this subpart, all
documents in proceedings under this subpart must be tendered for filing
with the FAA Hearing Docket.
    (b) Methods of filing. Filing must be by email, personal delivery,
mail, or fax.
    (c) Address for filing. A person filing a document with the FAA
Hearing Docket must use the address identified for the method of filing
as follows:
    (1) If delivery is in person, or by expedited or overnight express
courier service. Federal Aviation Administration, 600 Independence
Avenue SW, Wilbur Wright Building--Suite 2W100, Washington, DC 20597;
Attention: FAA Hearing Docket, AGC-70.
    (2) If delivery is via U.S. mail, or U.S. certified or registered
mail. Federal Aviation Administration, 800 Independence Avenue SW,
Washington, DC 20591; Attention: FAA Hearing Docket, AGC-70, Wilbur
Wright Building--Suite 2W100.
    (3) If delivery is via email or fax. The email address and fax
number for the FAA Hearing Docket, made available on the FAA Office of
Adjudication website.
    (d) Date of filing. If a document is filed by fax or email, the
date of filing is the date the email or fax is sent. If a document is
filed by personal delivery, the date of filing is the date that
personal delivery is accomplished. If a document is filed by mail, the
date of filing is the date shown on the certificate of service, the
date shown on the postmark if there is no certificate of service, or
the mailing date shown by other evidence if there is no certificate of
service or postmark.
    (e) Form. Each document must be typewritten or legibly handwritten.
    (f) Contents. Unless otherwise specified in this subpart, each
document must contain a short, plain statement of the facts on which
the person's case rests and a brief statement of the action requested.
    (g) Requirement to file an original document and number of copies.
A party must file an original document and one copy when filing by
personal delivery or by mail. Only one copy must be filed if filing is
accomplished by email or fax.
    (h) Filing by email. A document that is filed by email must be
attached as a PDF file to an email. The document must be signed in
accordance with Sec.  13.207. The email message does not constitute a
submission, but serves only to deliver the attached PDF file to the FAA
Hearing Docket.

Sec.  13.211   Service of documents.

    (a) General. A person must serve a copy of all documents on each
party and the administrative law judge, if assigned, at the time of
filing with the FAA Hearing Docket except as provided otherwise in this
subpart.
    (b) Service by the FAA Hearing Docket, the administrative law
judge, and the FAA decisionmaker. The FAA Hearing Docket, the
administrative law judge, and the FAA decisionmaker must send documents
to a party by personal delivery, mail, fax, or email as provided in
this section.
    (c) Methods of service--(1) General. A person may serve any
document by email, personal delivery, mail, or fax.
    (2) Service by email. Service of documents by email is voluntary
and requires the prior consent of the person to be served by email. A
person may retract consent to be served by email by filing a written
retraction with the FAA Hearing Docket and serving it on the other
party and the administrative law judge. A document that is served by
email must be attached as a PDF file to an email message.
    (d) Certificate of service. A certificate of service must accompany
all documents filed with the FAA Hearing Docket. The certificate of
service must be signed, describe the method of service, and state the
date of service.

    (e) Date of service. If a document is served by fax or served by
email, the date of service is the date the email or fax is sent. If a
document is served by personal delivery, the date of service is the
date that personal delivery is accomplished. If a document is mailed,
the date of service is the date shown on the certificate of service,
the date shown on the postmark if there is no certificate of service,
or the mailing date shown by other evidence if there is no certificate
of service or postmark.
    (f) Valid service. A document served by mail or personal delivery
that was properly addressed, was sent in accordance with this subpart,
and that was returned as unclaimed, or that was refused or not
accepted, is deemed to have been served in accordance with this
subpart.
    (g) Additional time after service by mail. Whenever a party must
respond within a prescribed period after service by mail, 5 days are
added to the prescribed period.
    (h) Presumption of service. There is a presumption of service where
a party or a person, who customarily receives mail, or receives it in
the ordinary course of business, at either the person's residence or
the person's principal place of business, acknowledges receipt of the
document.

Sec.  13.212   Computation of time.

    (a) This section applies to any period of time prescribed or
allowed by this subpart, by notice or order of the administrative law
judge, or by any applicable statute.
    (b) The date of an act, event, or default is not included in a
computation of time under this subpart.
    (c) The last day of a time period is included unless it is a
Saturday, Sunday, or a Federal holiday. If the last day is a Saturday,
Sunday, or Federal holiday, the time period runs until the end of the
next day that is not a Saturday, Sunday, or Federal holiday.

Sec.  13.213   Extension of time.

    (a) The parties may agree to extend for a reasonable period the
time for filing a document under this subpart. The party seeking the
extension of time must submit a draft order to the administrative law
judge to be signed by the administrative law judge and filed with the
FAA Hearing Docket. The administrative law judge must sign and issue
the order if the extension agreed to by the parties is reasonable.
    (b) A party may file a written motion for an extension of time. A
written motion for an extension of time must be filed with the FAA
Hearing Docket in accordance with Sec.  13.210. The motion must be
filed no later than seven days before the document is due unless good
cause for the late filing is shown. The party filing the motion must
serve a copy of the motion in accordance with Sec.  13.211. The
administrative law judge may grant the extension of time if good cause
for the extension is shown.
    (c) If the administrative law judge fails to rule on a motion for
an extension of time by the date the document was due, the motion for
an extension of time is deemed granted for no more than 20 days after
the original date the document was to be filed.

Sec.  13.214   Amendment of pleadings.

    (a) Filing and service. A party must file the amendment with the
FAA Hearing Docket and must serve a copy of the amendment on the
administrative law judge, if assigned, and on all parties to the
proceeding.
    (b) Time. (1) Not later than 15 days before the scheduled date of a
hearing, a party may amend a complaint or an answer without the consent
of the administrative law judge.
    (2) Less than 15 days before the scheduled date of a hearing, the
administrative law judge may allow amendment of a complaint or an
answer only for good cause shown in a motion to amend.
    (c) Responses. The administrative law judge must allow a reasonable
time, but not more than 20 days from the date of filing, for other
parties to respond if an amendment to a complaint, answer, or other
pleading has been filed with the FAA Hearing Docket and served on the
administrative law judge and other parties.

Sec.  13.215   Withdrawal of complaint or request for hearing.

    At any time before or during a hearing, an agency attorney may
withdraw a complaint or a party may withdraw a request for a hearing
without the consent of the administrative law judge. If an agency
attorney withdraws the complaint or a party withdraws the request for a
hearing and the answer, the administrative law judge must dismiss the
proceedings under this subpart with prejudice.

Sec.  13.216   Waivers.

    Waivers of any rights provided by statute or regulation must be in
writing or by stipulation made at a hearing and entered into the
record. The parties must set forth the precise terms of the waiver and
any conditions.

Sec.  13.217   Joint procedural or discovery schedule.

    (a) General. The parties may agree to submit a schedule for filing
all prehearing motions, conducting discovery in the proceedings, or
both.
    (b) Form and content of schedule. If the parties agree to a joint
procedural or discovery schedule, one of the parties must file the
joint schedule setting forth the dates to which the parties have
agreed, in accordance with Sec.  13.210, and must also serve a copy of
the joint schedule in accordance with Sec.  13.211. The filing of the
joint schedule must include a draft order establishing a joint schedule
to be signed by the administrative law judge.
    (1) The joint schedule may include, but need not be limited to,
requests for discovery, objections to discovery requests, responses to
discovery requests to which there are no objections, submission of
prehearing motions, responses to prehearing motions, exchange of
exhibits to be introduced at the hearing, and a list of witnesses that
may be called at the hearing.
    (2) Each party must sign the joint schedule.
    (c) Time. The parties may agree to submit all prehearing motions
and responses and may agree to close discovery in the proceedings under
the joint schedule within a reasonable time before the date of the
hearing, but not later than 15 days before the hearing.
    (d) Joint scheduling order. The joint schedule filed by the parties
is a proposed schedule that requires approval of the administrative law
judge to become the joint scheduling order.
    (e) Disputes. The administrative law judge must resolve disputes
regarding discovery or disputes regarding compliance with the joint
scheduling order as soon as possible so that the parties may continue
to comply with the joint scheduling order.
    (f) Sanctions for failure to comply with joint schedule. If a party
fails to comply with a joint scheduling order, the administrative law
judge may impose any of the following sanctions, proportional to the
party's failure to comply with the order:
    (1) Strike the relevant portion of a party's pleadings;
    (2) Preclude prehearing or discovery motions by that party;
    (3) Preclude admission of the relevant portion of a party's
evidence at the hearing; or
    (4) Preclude the relevant portion of the testimony of that party's
witnesses at the hearing.

Sec.  13.218   Motions.

    (a) General. A party applying for an order or ruling not
specifically provided in this subpart must do so by filing a motion in
accordance with Sec.  13.210. A party must serve a copy of each motion
in accordance with Sec.  13.211.
    (b) Form and contents. A party must state the relief sought by the
motion and the particular grounds supporting that relief. If a party
has evidence in support of a motion, the party must attach any
supporting evidence, including affidavits, to the motion.
    (c) Filing of motions. A motion made prior to the hearing must be
in writing. Unless otherwise agreed by the parties or for good cause
shown, a party must file any prehearing motion not later than 30 days
before the hearing in the FAA Hearing Docket in accordance with Sec.
13.210, and must serve a copy on the administrative law judge, if
assigned, and on each party in accordance with Sec.  13.211. Motions
introduced during a hearing may be made orally on the record unless the
administrative law judge directs otherwise.
    (d) Responses to motions. Any party may file a response, with
affidavits or other evidence in support of the response, not later than
10 days after service of a written motion on that party. When a motion
is made during a hearing, the response may be made at the hearing on
the record, orally or in writing, within a reasonable time determined
by the administrative law judge.
    (e) Rulings on motions. The administrative law judge must rule on
all motions as follows:
    (1) Discovery motions. The administrative law judge must resolve
all pending discovery motions not later than 10 days before the
hearing.
    (2) Prehearing motions. The administrative law judge must resolve
all pending prehearing motions not later than 7 days before the
hearing. If the administrative law judge issues a ruling or order
orally, the administrative law judge must serve a written copy of the
ruling or order, within 3 days, on each party. In all other cases, the
administrative law judge must issue rulings and orders in writing and
must serve a copy of the ruling or order on each party.
    (3) Motions made during the hearing. The administrative law judge
must issue rulings and orders on oral motions. Oral rulings or orders
on motions must be made on the record.
    (f) Specific motions. The motions that a party may file include but
are not limited to the following:
    (1) Motion to dismiss for insufficiency. A respondent may file a
motion to dismiss the complaint for insufficiency instead of filing an
answer. If the administrative law judge denies the motion to dismiss
the complaint for insufficiency, the respondent must file an answer not
later than 10 days after service of the administrative law judge's
denial of the motion. A motion to dismiss the complaint for
insufficiency must show that the complaint fails to state a violation
of a provision of the Federal aviation statute listed in the first
sentence in 49 U.S.C. 46301(d)(2) or in 49 U.S.C. 47531, or any
implementing rule, regulation, or order, or a violation of the Federal
hazardous materials transportation statute, 49 U.S.C. 5121-5128, or any
implementing rule, regulation, or order.
    (2) Motion to dismiss. A party may file a motion to dismiss,
specifying the grounds for dismissal. If an administrative law judge
grants a motion to dismiss in part, a party may appeal the
administrative law judge's ruling on the motion to dismiss under Sec.
13.219(b).
    (i) Motion to dismiss a request for a hearing. An agency attorney
may file a motion to dismiss a request for a hearing instead of filing
a complaint. If the motion to dismiss is not granted, the agency
attorney must file the complaint in the FAA Hearing Docket and must
serve a copy of the complaint on the administrative law judge and on
each party not later than 10 days after service of the administrative
law judge's ruling or order on the motion to dismiss. If the motion to
dismiss is granted and the proceedings are terminated without a
hearing, the respondent may appeal to the FAA decisionmaker under Sec.
13.233. If required by the decision on appeal, the agency attorney must
file a complaint in the FAA Hearing Docket and must serve a copy of the
complaint on the administrative law judge and each party not later than
10 days after service of the FAA decisionmaker's decision on appeal.
    (ii) Motion to dismiss a complaint. A respondent may file a motion
to dismiss a complaint instead of filing an answer, including a motion
to dismiss a stale complaint or allegations as provided in Sec.
13.208. If the motion to dismiss is not granted, the respondent must
file an answer in the FAA Hearing Docket and must serve a copy of the
answer on the administrative law judge and on each party not later than
10 days after service of the administrative law judge's ruling or order
on the motion to dismiss. If the motion to dismiss is granted and the
proceedings are terminated without a hearing, the agency attorney may
file an appeal in the FAA Hearing Docket under Sec.  13.233 and must
serve each other party. If required by the FAA decisionmaker's decision
on appeal, the respondent must file an answer in the FAA Hearing
Docket, and must serve a copy of the answer on the administrative law
judge and on each party not later than 10 days after service of the
decision on appeal.
    (3) Motion for a more definite statement. A party may file a motion
for a more definite statement of any pleading which requires a response
under this subpart. A party must set forth, in detail, the indefinite
or uncertain allegations contained in a complaint or response to any
pleading and must submit the details that the party believes would make
the allegation or response definite and certain.
    (i) Complaint. A respondent may file a motion requesting a more
definite statement of the allegations contained in the complaint
instead of filing an answer. If the administrative law judge grants the
motion, the agency attorney must supply a more definite statement not
later than 15 days after service of the ruling granting the motion. If
the agency attorney fails to supply a more definite statement, the
administrative law judge may strike the allegations in the complaint to
which the motion is directed. If the administrative law judge denies
the motion, the respondent must file an answer in the FAA Hearing
Docket and must serve a copy of the answer on the administrative law
judge and on each party not later than 10 days after service of the
order of denial.
    (ii) Answer. An agency attorney may file a motion requesting a more
definite statement if an answer fails to respond clearly to the
allegations in the complaint. If the administrative law judge grants
the motion, the respondent must supply a more definite statement not
later than 15 days after service of the ruling on the motion. If the
respondent fails to supply a more definite statement, the
administrative law judge may strike those statements in the answer to
which the motion is directed. The respondent's failure to supply a more
definite statement may be deemed an admission of unanswered allegations
in the complaint.
    (4) Motion to strike. Any party may make a motion to strike any
insufficient allegation or defense, or any redundant, immaterial,
impertinent, or scandalous matter in a pleading. A party must file a
motion to strike before a response is required under this subpart or,
if a response is not required, not later than 10 days after service of
the pleading. A motion to strike must be filed in the FAA Hearing
Docket and served on the

administrative law judge, if assigned, and on each other party.
    (5) Motion for decision. A party may make a motion for decision,
regarding all or any part of the proceedings, at any time before the
administrative law judge has issued an initial decision in the
proceedings. The administrative law judge must grant a party's motion
for decision if the pleadings, depositions, answers to interrogatories,
admissions, matters that the administrative law judge has officially
noticed, or evidence introduced during the hearing shows that there is
no genuine issue of material fact and that the party making the motion
is entitled to a decision as a matter of law. The party making the
motion for decision has the burden of showing that there is no genuine
issue of material fact disputed by the parties.
    (6) Motion for disqualification. A party may file a motion for
disqualification in the FAA Hearing Docket and must serve a copy on the
administrative law judge and on each party. A party may file the motion
at any time after the administrative law judge has been assigned to the
proceedings but must make the motion before the administrative law
judge files an initial decision in the proceedings.
    (i) Motion and supporting affidavit. A party must state the grounds
for disqualification in a motion for disqualification, including, but
not limited to, a financial or other personal interest that would be
affected by the outcome of the enforcement action, personal animus
against a party to the action or against a group to which a party
belongs, prejudgment of the adjudicative facts at issue in the
proceeding, or any other prohibited conflict of interest. A party must
submit an affidavit with the motion for disqualification that sets
forth, in detail, the matters alleged to constitute grounds for
disqualification.
    (ii) Response. A party must respond to the motion for
disqualification not later than 5 days after service of the motion for
disqualification.
    (iii) Decision on motion for disqualification. The administrative
law judge must render a decision on the motion for disqualification not
later than 15 days after the motion has been filed. If the
administrative law judge finds that the motion for disqualification and
supporting affidavit show a basis for disqualification, the
administrative law judge must withdraw from the proceedings
immediately. If the administrative law judge finds that
disqualification is not warranted, the administrative law judge must
deny the motion and state the grounds for the denial on the record. If
the administrative law judge fails to rule on a party's motion for
disqualification within 15 days after the motion has been filed, the
motion is deemed granted.
    (iv) Appeal. A party may appeal the administrative law judge's
denial of the motion for disqualification in accordance with Sec.
13.219(b).
    (7) Motions for reconsideration of an initial decision, order
dismissing a complaint, order dismissing a request for hearing or order
dismissing a request for hearing and answer. The FAA decisionmaker may
treat motions for reconsideration of an initial decision, order
dismissing a complaint, order dismissing a request for hearing, or
order dismissing a request for hearing and answer as a notice of appeal
under Sec.  13.233, and if the motion was filed within the time allowed
for the filing of a notice of appeal, the FAA decisionmaker will issue
a briefing schedule.

Sec.  13.219   Interlocutory appeals.

    (a) General. Unless otherwise provided in this subpart, a party may
not appeal a ruling or decision of the administrative law judge to the
FAA decisionmaker until the initial decision has been entered on the
record. A decision or order of the FAA decisionmaker on the
interlocutory appeal does not constitute a final order of the
Administrator for the purposes of judicial appellate review as provided
in Sec.  13.235.
    (b) Interlocutory appeal for cause. If a party orally requests or
files a written request for an interlocutory appeal for cause, the
proceedings are stayed until the administrative law judge issues a
decision on the request. Any written request for interlocutory appeal
for cause must be filed in the FAA Hearing Docket and served on each
party and on the administrative law judge. If the administrative law
judge grants the request, the proceedings are stayed until the FAA
decisionmaker issues a decision on the interlocutory appeal. The
administrative law judge must grant the request if a party shows that
delay of the appeal would be detrimental to the public interest or
would result in undue prejudice to any party.
    (c) Interlocutory appeals of right. If a party notifies the
administrative law judge of an interlocutory appeal of right, the
proceedings are stayed until the FAA decisionmaker issues a decision on
the interlocutory appeal. A party may file an interlocutory appeal of
right, without the consent of the administrative law judge, before an
initial decision has been entered in the case of:
    (1) A ruling or order by the administrative law judge barring a
person from the proceedings;
    (2) Failure of the administrative law judge to dismiss the
proceedings in accordance with Sec.  13.215; or
    (3) A ruling or order by the administrative law judge in violation
of Sec.  13.205(b).
    (d) Procedure. A party must file a notice of interlocutory appeal,
with supporting documents, with the FAA Hearing Docket, and must serve
a copy of the notice and supporting documents on each party and the
administrative law judge not later than 10 days after the
administrative law judge's decision forming the basis of an
interlocutory appeal of right, or not later than 10 days after the
administrative law judge's decision granting an interlocutory appeal
for cause, as appropriate. A party must file a reply, if any, with the
FAA Hearing Docket, and serve a copy on each party and the
administrative law judge not later than 10 days after service of the
appeal. The FAA decisionmaker must render a decision on the
interlocutory appeal on the record and as a part of the decision in the
proceedings, within a reasonable time after receipt of the
interlocutory appeal.
    (e) Summary rejection. The FAA decisionmaker may reject frivolous,
repetitive, or dilatory appeals, and may issue an order precluding one
or more parties from making further interlocutory appeals in a
proceeding in which there have been frivolous, repetitive, or dilatory
interlocutory appeals.

Sec.  13.220   Discovery.

    (a) Initiation of discovery. Any party may initiate discovery
described in this section without the consent or approval of the
administrative law judge at any time after a complaint has been filed
in the proceedings.
    (b) Methods of discovery. The following methods of discovery are
permitted under this section: Depositions on oral examination or
written questions of any person; written interrogatories directed to a
party; requests for production of documents or tangible items to any
person; and requests for admission by a party. A party must not file
written interrogatories and responses, requests for production of
documents or tangible items and responses, and requests for admission
and response with the FAA Hearing Docket or serve them on the
administrative law judge. In the event of a discovery dispute, a party
must attach a copy of the relevant documents in support of a motion
made under this section.

    (c) Service on the agency. A party must serve each discovery
request directed to the agency or any agency employee on the agency
attorney of record.
    (d) Time for response to discovery requests. Unless otherwise
directed by this subpart or agreed by the parties, a party must respond
to a request for discovery, including filing objections to a request
for discovery, not later than 30 days after service of the request.
    (e) Scope of discovery. Subject to the limits on discovery set
forth in paragraph (f) of this section, a party may discover any matter
that is not privileged and that is relevant to any party's claim or
defense, including the existence, description, nature, custody,
condition, and location of any document or other tangible item and the
identity and location of any person having knowledge of discoverable
matter. A party may discover facts known, or opinions held, by an
expert who any other party expects to call to testify at the hearing. A
party has no ground to object to a discovery request on the basis that
the information sought would not be admissible at the hearing.
    (f) Limiting discovery. The administrative law judge must limit the
frequency and extent of discovery permitted by this section if a party
shows that--
    (1) The information requested is cumulative or repetitious;
    (2) The information requested can be obtained from another less
burdensome and more convenient source;
    (3) The party requesting the information has had ample opportunity
to obtain the information through other discovery methods permitted
under this section; or
    (4) The method or scope of discovery requested by the party is
unduly burdensome or expensive.
    (g) Confidential orders. A party or person who has received a
discovery request for information that is related to a trade secret,
confidential or sensitive material, competitive or commercial
information, proprietary data, or information on research and
development, may file a motion for a confidential order in the FAA
Hearing Docket in accordance with Sec.  13.210, and must serve a copy
of the motion for a confidential order on each party and on the
administrative law judge in accordance with Sec.  13.211.
    (1) The party or person making the motion must show that the
confidential order is necessary to protect the information from
disclosure to the public.
    (2) If the administrative law judge determines that the requested
material is not necessary to decide the case, the administrative law
judge must preclude any inquiry into the matter by any party.
    (3) If the administrative law judge determines that the requested
material may be disclosed during discovery, the administrative law
judge may order that the material may be discovered and disclosed under
limited conditions or may be used only under certain terms and
conditions.
    (4) If the administrative law judge determines that the requested
material is necessary to decide the case and that a confidential order
is warranted, the administrative law judge must provide:
    (i) An opportunity for review of the document by the parties off
the record;
    (ii) Procedures for excluding the information from the record; and
    (iii) Order that the parties must not disclose the information in
any manner and the parties must not use the information in any other
proceeding.
    (h) Protective orders. A party or a person who has received a
request for discovery may file a motion for protective order in the FAA
Hearing Docket and must serve a copy of the motion for protective order
on the administrative law judge and each other party. The party or
person making the motion must show that the protective order is
necessary to protect the party or the person from annoyance,
embarrassment, oppression, or undue burden or expense. As part of the
protective order, the administrative law judge may:
    (1) Deny the discovery request;
    (2) Order that discovery be conducted only on specified terms and
conditions, including a designation of the time or place for discovery
or a determination of the method of discovery; or
    (3) Limit the scope of discovery or preclude any inquiry into
certain matters during discovery.
    (i) Duty to supplement or amend responses. A party who has
responded to a discovery request has a duty to supplement or amend the
response, as soon as the information is known, as follows:
    (1) A party must supplement or amend any response to a question
requesting the identity and location of any person having knowledge of
discoverable matters.
    (2) A party must supplement or amend any response to a question
requesting the identity of each person who will be called to testify at
the hearing as an expert witness and the subject matter and substance
of that witness's testimony.
    (3) A party must supplement or amend any response that was
incorrect when made or any response that was correct when made but is
no longer correct, accurate, or complete.
    (j) Depositions--(1) Form. A deposition must be taken on the record
and reduced to writing. The person being deposed must sign the
deposition unless the parties agree to waive the requirement of a
signature.
    (2) Administration of oaths. Within the United States, or a
territory or possession subject to the jurisdiction of the United
States, a party must take a deposition before a person authorized to
administer oaths by the laws of the United States or authorized by the
law of the place where the examination is held. In foreign countries, a
party must take a deposition in any manner allowed by the Federal Rules
of Civil Procedure.
    (3) Notice of deposition. A party must serve a notice of
deposition, stating the time and place of the deposition and the name
and address of each person to be examined, on the person to be deposed,
the administrative law judge, and each party not later than 7 days
before the deposition. The notice must be filed in the FAA Hearing
Docket simultaneously. A party may serve a notice of deposition less
than 7 days before the deposition only with consent of the
administrative law judge. The party noticing a deposition must attach a
copy of any subpoena duces tecum requesting that materials be produced
at the deposition to the notice of deposition.
    (4) Use of depositions. A party may use any part or all of a
deposition at a hearing authorized under this subpart only upon a
showing of good cause. The deposition may be used against any party who
was present or represented at the deposition or who had reasonable
notice of the deposition.
    (k) Interrogatories. A party, the party's attorney, or the party's
representative may sign the party's responses to interrogatories. A
party must answer each interrogatory separately and completely in
writing. If a party objects to an interrogatory, the party must state
the objection and the reasons for the objection. An opposing party may
use any part or all of a party's responses to interrogatories at a
hearing authorized under this subpart to the extent that the response
is relevant, material, and not repetitious.
    (1) A party must not serve more than 30 interrogatories to each
other party. Each subpart of an interrogatory must be counted as a
separate interrogatory.
    (2) A party must file a motion for leave to serve additional
interrogatories on a party with the administrative law judge before
serving additional interrogatories on a party. The

administrative law judge may grant the motion only if the party shows
good cause.
    (l) Requests for admission. A party may serve a written request for
admission of the truth of any matter within the scope of discovery
under this section or the authenticity of any document described in the
request. A party must set forth each request for admission separately.
A party must serve copies of documents referenced in the request for
admission unless the documents have been provided or are reasonably
available for inspection and copying.
    (1) Time. A party's failure to respond to a request for admission,
in writing and signed by the attorney or the party, not later than 30
days after service of the request, is deemed an admission of the truth
of the statement or statements contained in the request for admission.
The administrative law judge may determine that a failure to respond to
a request for admission is not deemed an admission of the truth if a
party shows that the failure was due to circumstances beyond the
control of the party or the party's attorney.
    (2) Response. A party may object to a request for admission and
must state the reasons for objection. A party may specifically deny the
truth of the matter or describe the reasons why the party is unable to
truthfully deny or admit the matter. If a party is unable to deny or
admit the truth of the matter, the party must show that the party has
made reasonable inquiry into the matter or that the information known
to, or readily obtainable by, the party is insufficient to enable the
party to admit or deny the matter. A party may admit or deny any part
of the request for admission. If the administrative law judge
determines that a response does not comply with the requirements of
this paragraph (l)(2) or that the response is insufficient, the matter
is deemed admitted.
    (3) Effect of admission. Any matter admitted or deemed admitted
under this section is conclusively established for the purpose of the
hearing and appeal.
    (m) Motion to compel discovery. A party may make a motion to compel
discovery if a person refuses to answer a question during a deposition,
a party fails or refuses to answer an interrogatory, if a person gives
an evasive or incomplete answer during a deposition or when responding
to an interrogatory, or a party fails or refuses to produce documents
or tangible items. During a deposition, the proponent of a question may
complete the deposition or may adjourn the examination before making a
motion to compel if a person refuses to answer. Any motion to compel
must be filed with the FAA Hearing Docket and served on the
administrative law judge and other parties in accordance with
Sec. Sec.  13.210 and 13.211, respectively.
    (n) Failure to comply with a discovery order. If a party fails to
comply with a discovery order, the administrative law judge may impose
any of the following sanctions proportional to the party's failure to
comply with the order:
    (1) Strike the relevant portion of a party's pleadings;
    (2) Preclude prehearing or discovery motions by that party;
    (3) Preclude admission of the relevant portion of a party's
evidence at the hearing; or
    (4) Preclude the relevant portion of the testimony of that party's
witnesses at the hearing.

Sec.  13.221   Notice of hearing.

    (a) Notice. The administrative law judge must provide each party
with notice of the date, time, and location of the hearing at least 60
days before the hearing date.
    (b) Date, time, and location of the hearing. The administrative law
judge to whom the proceedings have been assigned must set a reasonable
date, time, and location for the hearing. The administrative law judge
must consider the need for discovery and any joint procedural or
discovery schedule submitted by the parties when determining the
hearing date. The administrative law judge must give due regard to the
convenience of the parties, the location where the majority of the
witnesses reside or work, and whether the location is served by a
scheduled air carrier.
    (c) Earlier hearing. With the consent of the administrative law
judge, the parties may agree to hold the hearing on an earlier date
than the date specified in the notice of hearing.

Sec.  13.222   Evidence.

    (a) General. A party is entitled to present the party's case or
defense by oral, documentary, or demonstrative evidence, to submit
rebuttal evidence, and to conduct any cross-examination that may be
required for a full and true disclosure of the facts.
    (b) Admissibility. A party may introduce any oral, documentary, or
demonstrative evidence in support of the party's case or defense. The
administrative law judge must admit any relevant oral, documentary, or
demonstrative evidence introduced by a party, but must exclude
irrelevant, immaterial, or unduly repetitious evidence.
    (c) Hearsay evidence. Hearsay evidence is admissible in proceedings
governed by this subpart. The fact that evidence submitted by a party
is hearsay goes only to the weight of the evidence and does not affect
its admissibility.

Sec.  13.223   Standard of proof.

    The administrative law judge must issue an initial decision or must
rule in a party's favor only if the decision or ruling is supported by,
and in accordance with, the reliable, probative, and substantial
evidence contained in the record. In order to prevail, the party with
the burden of proof must prove the party's case or defense by a
preponderance of reliable, probative, and substantial evidence.

Sec.  13.224   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.

Sec.  13.225   Offer of proof.

    A party whose evidence has been excluded by a ruling of the
administrative law judge may offer the evidence for the record on
appeal.

Sec.  13.226   Public disclosure of information.

    (a) The administrative law judge may order that any information
contained in the record be withheld from public disclosure. Any party
or interested person may object to disclosure of information in the
record by filing and serving a written motion to withhold specific
information in accordance with Sec. Sec.  13.210 and 13.211
respectively. A party may file a motion seeking to protect from public
disclosure information contained in a document that the party is filing
at the same time it files the document. The person or party must state
the specific grounds for nondisclosure in the motion.
    (b) The administrative law judge must grant the motion to withhold
if, based on the motion and any response to the motion, the
administrative law judge determines that: Disclosure would be
detrimental to aviation safety; disclosure would not be in the public
interest; or the information is not otherwise required to be made
available to the public.

Sec.  13.227   Expert or opinion witnesses.

    An employee of the agency may not be called as an expert or opinion
witness for any party other than the

FAA in any proceeding governed by this subpart. An employee of a
respondent may not be called by an agency attorney as an expert or
opinion witness for the FAA in any proceeding governed by this subpart
to which the respondent is a party.

Sec.  13.228   Subpoenas.

    (a) Request for subpoena. The administrative law judge, upon
application by any party to the proceeding, may issue subpoenas
requiring the attendance of witnesses or the production of documents or
tangible things at a hearing or for the purpose of taking depositions,
as permitted by law. A request for a subpoena must show its general
relevance and reasonable scope. The party must serve the subpoena on
the witness or the holder of the documents or tangible items as
permitted by applicable statute. A request for a subpoena must be filed
and served in accordance with Sec. Sec.  13.210 and 13.211,
respectively. Absent good cause shown, the filing and service must be
completed as follows:
    (1) Not later than 15 days before a scheduled deposition under the
subpoena; or
    (2) Not later than 30 days before a scheduled hearing where
attendance at the hearing is sought.
    (b) Motion to quash or modify the subpoena. A party, or any person
upon whom a subpoena has been served, may file in the FAA Hearing
Docket a motion to quash or modify the subpoena and must serve a copy
on the administrative law judge and each party at or before the time
specified in the subpoena for compliance. The movant must describe, in
detail, the basis for the motion to quash or modify the subpoena
including, but not limited to, a statement that the testimony,
document, or tangible evidence is not relevant to the proceeding, that
the subpoena is not reasonably tailored to the scope of the proceeding,
or that the subpoena is unreasonable and oppressive. A motion to quash
or modify the subpoena will stay the effect of the subpoena pending a
decision by the administrative law judge on the motion.
    (c) Enforcement of subpoena. Upon a showing that a person has
failed or refused to comply with a subpoena, a party may apply to the
appropriate U.S. district court to seek judicial enforcement of the
subpoena.

Sec.  13.229   Witness fees.

    (a) General. The party who applies for a subpoena to compel the
attendance of a witness at a deposition or hearing, or the party at
whose request a witness appears at a deposition or hearing, must pay
the witness fees described in this section.
    (b) Amount. Except for an employee of the agency who appears at the
direction of the agency, a witness who appears at a deposition or
hearing is entitled to the same fees and allowances provided for under
28 U.S.C. 1821.

Sec.  13.230   Record.

    (a) Exclusive record. The pleadings, transcripts of the hearing and
prehearing conferences, exhibits admitted into evidence, rulings,
motions, applications, requests, briefs, and responses thereto,
constitute the exclusive record for decision of the proceedings and the
basis for the issuance of any orders in the proceeding. Any proceedings
regarding the disqualification of an administrative law judge must be
included in the record. Though only exhibits admitted into evidence are
part of the record before an administrative law judge, evidence
proffered but not admitted is also part of the record on appeal, as
provided by Sec.  13.225.
    (b) Examination and copying of record. The parties may examine the
record at the FAA Hearing Docket and may obtain copies of the record
upon payment of applicable fees. Any other person may obtain copies of
the releasable portions of the record in accordance with applicable
law.

Sec.  13.231   Argument before the administrative law judge.

    (a) Arguments during the hearing. During the hearing, the
administrative law judge must give the parties a reasonable opportunity
to present arguments on the record supporting or opposing motions,
objections, and rulings if the parties request an opportunity for
argument. The administrative law judge may request written arguments
during the hearing if the administrative law judge finds that
submission of written arguments would be reasonable.
    (b) Final oral argument. At the conclusion of the hearing and
before the administrative law judge issues an initial decision in the
proceedings, the administrative law judge must allow the parties to
submit oral proposed findings of fact and conclusions of law,
exceptions to rulings of the administrative law judge, and supporting
arguments for the findings, conclusions, or exceptions. At the
conclusion of the hearing, a party may waive final oral argument.
    (c) Post-hearing briefs. The administrative law judge may request
written post-hearing briefs before the administrative law judge issues
an initial decision in the proceedings if the administrative law judge
finds that submission of written arguments would be reasonable. If a
party files a written post-hearing brief, the party must include
proposed findings of fact and conclusions of law, exceptions to rulings
of the administrative law judge, and supporting arguments for the
findings, conclusions, or exceptions. The administrative law judge must
give the parties a reasonable opportunity, but not more than 30 days
after receipt of the transcript, to prepare and submit the briefs. A
party must file and serve any post-hearing brief in in accordance with
Sec. Sec.  13.210 and 13.211, respectively.

Sec.  13.232   Initial decision.

    (a) Contents. The administrative law judge must issue an initial
decision at the conclusion of the hearing. In each oral or written
decision, the administrative law judge must include findings of fact
and conclusions of law, as well as the grounds supporting those
findings and conclusions, for all material issues of fact, the
credibility of witnesses, the applicable law, any exercise of the
administrative law judge's discretion, and the amount of any civil
penalty found appropriate by the administrative law judge. The
administrative law judge must also include a discussion of the basis
for any order issued in the proceedings. The administrative law judge
is not required to provide a written explanation for rulings on
objections, procedural motions, and other matters not directly relevant
to the substance of the initial decision. If the administrative law
judge refers to any previous unreported or unpublished initial
decision, the administrative law judge must make copies of that initial
decision available to all parties and the FAA decisionmaker.
    (b) Oral decision. Except as provided in paragraph (c) of this
section, at the conclusion of the hearing, the administrative law
judge's oral initial decision and order must be on the record.
    (c) Written decision. The administrative law judge may issue a
written initial decision not later than 30 days after the conclusion of
the hearing or submission of the last post-hearing brief if the
administrative law judge finds that issuing a written initial decision
is reasonable. The administrative law judge must serve a copy of any
written initial decision on each party.
    (d) Reconsideration of an initial decision. The FAA decisionmaker
may treat a motion for reconsideration of an initial decision as a
notice of appeal

under Sec.  13.233, and if the motion was filed within the time allowed
for the filing of a notice of appeal, the FAA decisionmaker will issue
a briefing schedule, as provided in Sec.  13.218.
    (e) Order assessing civil penalty. Unless appealed pursuant to
Sec.  13.233, the initial decision issued by the administrative law
judge is considered an order assessing civil penalty if the
administrative law judge finds that an alleged violation occurred and
determines that a civil penalty, in an amount found appropriate by the
administrative law judge, is warranted. The administrative law judge
may not assess a civil penalty exceeding the amount sought in the
complaint.

Sec.  13.233   Appeal from initial decision.

    (a) Notice of appeal. A party may appeal the administrative law
judge's initial decision, and any decision not previously appealed to
the FAA decisionmaker on interlocutory appeal pursuant to Sec.  13.219,
by filing a notice of appeal in accordance with Sec.  13.210 no later
than 10 days after entry of the oral initial decision on the record or
service of the written initial decision on the parties. The party must
serve a copy of the notice of appeal on each party in accordance with
Sec.  13.211. A party is not required to serve any documents under
Sec.  13.233 on the administrative law judge.
    (b) Issues on appeal. In any appeal from a decision of an
administrative law judge, the FAA decisionmaker considers only the
following issues:
    (1) Whether each finding of fact is supported by a preponderance of
reliable, probative, and substantial evidence;
    (2) Whether each conclusion of law is made in accordance with
applicable law, precedent, and public policy; and
    (3) Whether the administrative law judge committed any prejudicial
errors.
    (c) Perfecting an appeal. Except as follows in paragraphs (c)(1)
and (2) of this section, a party must perfect an appeal to the FAA
decisionmaker no later than 50 days after entry of the oral initial
decision on the record or service of the written initial decision on
the parties by filing an appeal brief in accordance with Sec.  13.210
and serving a copy on every other party in accordance with Sec.
13.211.
    (1) Extension of time by agreement of the parties. The parties may
agree to extend the time for perfecting the appeal with the consent of
the FAA decisionmaker. If the FAA decisionmaker grants an extension of
time to perfect the appeal, the FAA decisionmaker must serve a letter
confirming the extension of time on each party.
    (2) Written motion for extension. If the parties do not agree to an
extension of time for perfecting an appeal, a party desiring an
extension of time may file a written motion for an extension in
accordance with Sec.  13.210 and must serve a copy of the motion on
each party under Sec.  13.211. Any party may file a written response to
the motion for extension no later than 10 days after service of the
motion. The FAA decisionmaker may grant an extension if good cause for
the extension is shown in the motion.
    (d) Appeal briefs. A party must file the appeal brief in accordance
with Sec.  13.210 and must serve a copy of the appeal brief on each
party in accordance with Sec.  13.211.
    (1) A party must set forth, in detail, the party's specific
objections to the initial decision or rulings in the appeal brief. A
party also must set forth, in detail, the basis for the appeal, the
reasons supporting the appeal, and the relief requested in the appeal.
If the party relies on evidence contained in the record for the appeal,
the party must specifically refer to the pertinent evidence contained
in the transcript in the appeal brief.
    (2) The FAA decisionmaker may dismiss an appeal, on the FAA
decisionmaker's own initiative or upon motion of any other party, where
a party has filed a notice of appeal but fails to perfect the appeal by
timely filing an appeal brief with the FAA decisionmaker.
    (e) Reply brief. Except as follows in paragraphs (e)(1) and (2) of
this section, any party may file a reply brief in accordance with Sec.
13.210 not later than 35 days after the appeal brief has been served on
that party. The party filing the reply brief must serve a copy of the
reply brief on each party in accordance with Sec.  13.211. If the party
relies on evidence contained in the record for the reply, the party
must specifically refer to the pertinent evidence contained in the
transcript in the reply brief.
    (1) Extension of time by agreement of the parties. The parties may
agree to extend the time for filing a reply brief with the consent of
the FAA decisionmaker. If the FAA decisionmaker grants an extension of
time to file the reply brief, the FAA decisionmaker must serve a letter