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14 CFR Ch. I (1–1–18 Edition) 

§ 13.59 

the custody of such an employee at a 
hearing. 

(b) A person who applies for the pro-

duction of a document in the custody 
of an FAA employee must follow the 
procedure in § 13.49(f). A person who ap-
plies for the attendance of an FAA em-
ployee must send the application, in 
writing, to the Hearing Officer setting 
forth the need for that employee’s at-
tendance. 

(c) A witness in a proceeding under 

this subpart is entitled to the same 
fees and mileage as is paid to a witness 
in a court of the United States under 
comparable circumstances. The party 
at whose instance the witness is sub-
poenaed or appears shall pay the wit-
ness fees. 

(d) Notwithstanding the provisions of 

paragraph (c) of this section, the FAA 
pays the witness fees and mileage if the 
Hearing Officer who issued the sub-
poena determines, on the basis of a 
written request and good cause shown, 
that— 

(1) The presence of the witness will 

materially advance the proceeding; and 

(2) The party at whose instance the 

witness is subpoenaed would suffer a 
serious hardship if required to pay the 
witness fees and mileage. 

§ 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 affirma-

tive defenses and orders of denial, the 
burden of proof is upon the FAA coun-
sel. 

(c) The Hearing Officer may order in-

formation contained in any report or 
document filed or in any testimony 
given pursuant to this subpart with-
held from public disclosure when, in 
the judgment of the Hearing Officer, 
disclosure would adversely affect the 
interests of any person and is not re-
quired in the public interest or is not 
otherwise required by statute to be 
made available to the public. Any per-
son may make written objection to the 
public disclosure of such information, 
stating the ground for such objection. 

§ 13.61

Argument and submittals. 

The Hearing Officer shall give the 

parties adequate opportunity to 
present arguments in support of mo-
tions, 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, in the discretion 
of the Hearing Officer, allow each party 
to submit written proposed findings 
and conclusions and supporting reasons 
for them. 

§ 13.63

Record. 

The testimony and exhibits presented 

at a hearing, together with all papers, 
requests, and rulings filed in the pro-
ceedings are the exclusive basis for the 
issuance of an order. Either party may 
obtain a transcript from the official re-
porter upon payment of the fees fixed 
therefor. 

Subpart E—Orders of Compliance 

Under the Hazardous Mate-
rials Transportation Act 

§ 13.71

Applicability. 

Whenever the Chief Counsel, the As-

sistant Chief Counsel, Enforcement, 
the Assistant Chief Counsel, Europe, 
Africa, and Middle East Area Office, or 
a Regional Counsel has reason to be-
lieve that a person is engaging in the 
transportation or shipment by air of 
hazardous materials in violation of the 
Hazardous Materials Transportation 
Act, or any regulation or order issued 
under it for which the FAA exercises 
enforcement responsibility, and the 
circumstances do not require the 
issuance of an order of immediate com-
pliance, he may conduct proceedings 
pursuant to section 109 of that Act (49 
U.S.C. 1808) to determine the nature 
and extent of the violation, and may 
thereafter issue an order directing 
compliance. 

[Doc. No. 18884, 44 FR 63723, Nov. 5, 1979, as 
amended by Amdt. 13–19, 54 FR 39290, Sept. 
25, 1989; Amdt. 13–29, 62 FR 46866, Sept. 4, 
1997] 

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