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85 

Federal Aviation Administration, DOT 

§ 14.20 

may require an applicant to file addi-
tional information to determine the 
eligibility for an award. 

(b) The net worth exhibit shall de-

scribe any transfers of assets from, or 
obligations incurred by, the applicant 
or any affiliate, occurring in the one- 
year period prior to the date on which 
the proceeding was initiated, that re-
duced the net worth of the applicant 
and its affiliates below the applicable 
net worth ceiling. If there were no such 
transactions, the applicant shall so 
state. 

(c) Ordinarily, the net worth exhibit 

will be included in the public record of 
the proceeding. However, an applicant 
that objects to public disclosure of the 
net worth exhibit, or any part of it, 
may submit that portion of the exhibit 
directly to the ALJ or adjudicative of-
ficer in a sealed envelope labeled 
‘‘Confidential Financial Information,’’ 
accompanied by a motion to withhold 
the information. 

(1) The motion shall describe the in-

formation sought to be withheld and 
explain, in detail, why it should be ex-
empt under applicable law or regula-
tion, why public disclosure would ad-
versely affect the applicant, and why 
disclosure is not required in the public 
interest. 

(2) The net worth exhibit shall be 

served on the FAA counsel, but need 
not be served on any other party to the 
proceeding. 

(3) If the ALJ or adjudicative officer 

finds that the net worth exhibit, or any 
part of it, should not be withheld from 
disclosure, it shall be placed in the 
public record of the proceeding. Other-
wise, any request to inspect or copy 
the exhibit shall be disposed of in ac-
cordance with the FAA’s established 
procedures. 

[54 FR 46199, Nov. 1, 1989, as amended by 
Amdt. 14–03, 64 FR 32935, June 18, 1999] 

§ 14.12

Documentation of fees and ex-

penses. 

The application shall be accompanied 

by full documentation of the fees and 
expenses, including the cost of any 
study, analysis, engineering report, 
test, project or similar matter, for 
which an award is sought. A separate 
itemized statement shall be submitted 
for each professional firm or individual 

whose services are covered by the ap-
plication, showing the hours spent in 
connection with the proceedings by 
each individual, a description of the 
specific services performed, the rate at 
which each fee has been computed, any 
expenses for which reimbursement is 
sought, the total amount claimed, and 
the total amount paid or payable by 
the applicant or by any other person or 
entity for the services provided. The 
administrative law judge may require 
the applicant to provide vouchers, re-
ceipts, or other substantiation for any 
expenses claimed. 

Subpart C—Procedures for 

Considering Applications 

§ 14.20

When an application may be 

filed. 

(a) An application may be filed when-

ever the applicant has prevailed in the 
proceeding, but in no case later than 30 
days after the FAA Decisionmaker’s 
final disposition of the proceeding, or 
service of the order of the Adminis-
trator in a proceeding under the AMS. 

(b) If review or reconsideration is 

sought or taken of a decision to which 
an applicant believes it has prevailed, 
proceedings for the award of fees shall 
be stayed pending final disposition of 
the underlying controversy. 

(c) For purposes of this part, final 

disposition means the later of: 

(1) Under part 17 of this chapter and 

the AMS, the date on which the order 
of the Administrator is served; 

(2) The date on which an unappealed 

initial decision becomes administra-
tively final; 

(3) Issuance of an order disposing of 

any petitions for reconsideration of the 
FAA Decisionmaker’s final order in the 
proceeding; 

(4) If no petition for reconsideration 

is filed, the last date on which such a 
petition could have been filed; or 

(5) Issuance of a final order or any 

other final resolution of a proceeding, 
such as a settlement or voluntary dis-
missal, which is not subject to a peti-
tion for reconsideration. 

[54 FR 46199, Nov. 1, 1989, as amended by 
Amdt. 14–03, 64 FR 32936, June 18, 1999] 

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