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54 

14 CFR Ch. I (1–1–18 Edition) 

§ 13.37 

hearing is requested. A copy of the re-
quest for hearing and a copy of the an-
swer required by paragraph (c) of this 
section must be served on the official 
who issued the notice of proposed ac-
tion. 

(c) An answer to the notice of pro-

posed action must be filed with the re-
quest for hearing. All allegations in the 
notice not specifically denied in the 
answer are deemed admitted. 

(d) Within 15 days after service of the 

copy of the request for hearing, the of-
ficial who issued the notice of proposed 
action forwards a copy of that notice, 
which serves as the complaint, to the 
Hearing Docket. 

[Doc. No. 18884, 44 FR 63723, Nov. 5, 1979, as 
amended by Amdt. 13–19, 54 FR 39290, Sept. 
25, 1989; 71 FR 70464, Dec. 5, 2006] 

§ 13.37

Hearing Officer’s powers. 

Any Hearing Officer may— 
(a) Give notice concerning, and hold, 

prehearing conferences and hearings; 

(b) Administrator oaths and affirma-

tions; 

(c) Examine witnesses; 
(d) Adopt procedures for the submis-

sion of evidence in written form; 

(e) Issue subpoenas and take deposi-

tions or cause them to be taken; 

(f) Rule on offers of proof; 
(g) Receive evidence; 
(h) Regulate the course of the hear-

ing; 

(i) Hold conferences, before and dur-

ing the hearing, to settle and simplify 
issues by consent of the parties; 

(j) Dispose of procedural requests and 

similar matters; and 

(k) Issue decisions, make findings of 

fact, make assessments, and issue or-
ders, as appropriate. 

§ 13.39

Disqualification of Hearing Of-

ficer. 

If disqualified for any reason, the 

Hearing Officer shall withdraw from 
the case. 

§ 13.41

[Reserved] 

§ 13.43

Service and filing of pleadings, 

motions, and documents. 

(a) Copies of all pleadings, motions, 

and documents filed with the Hearing 
Docket must be served upon all parties 

to the proceedings by the person filing 
them. 

(b) Service may be made by personal 

delivery or by mail. 

(c) A certificate of service shall ac-

company all documents when they are 
tendered for filing and shall consist of 
a certificate of personal delivery or a 
certificate of mailing, executed by the 
person making the personal delivery or 
mailing the document. 

(d) Whenever proof of service by mail 

is made, the date of mailing or the date 
as shown on the postmark shall be the 
date of service, and where personal 
service is made, the date of personal 
delivery shall be the date of service. 

(e) The date of filing is the date the 

document is actually received. 

§ 13.44

Computation of time and exten-

sion of time. 

(a) In computing any period of time 

prescribed or allowed by this subpart, 
the date of the act, event, default, no-
tice or order after which the designated 
period of time begins to run 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 legal holiday for the FAA, 
in which event the period runs until 
the end of the next day which is nei-
ther a Saturday, Sunday nor a legal 
holiday. 

(b) Upon written request filed with 

the Hearing Docket and served upon all 
parties, and for good cause shown, a 
Hearing Officer may grant an extension 
of time to file any documents specified 
in this subpart. 

§ 13.45

Amendment of notice and an-

swer. 

At any time more than 10 days before 

the date of hearing, any party may 
amend his or her notice, answer, or 
other pleading, by filing the amend-
ment with the Hearing Officer and 
serving a copy of it on each other 
party. After that time, amendments 
may be allowed only in the discretion 
of the Hearing Officer. If an amend-
ment to an initial pleading has been al-
lowed, the Hearing Officer shall allow 
the other parties a reasonable oppor-
tunity to answer. 

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