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14 CFR Ch. I (1–1–18 Edition) 

§ 14.21 

§ 14.21

Filing and service of docu-


Any application for an award or 

other pleading or document related to 
an application shall be filed and served 
on all parties to the proceeding in the 
same manner as other pleadings in the 
proceeding, except as provided in 
§ 14.11(b) for confidential financial in-
formation. Where the proceeding was 
held under part 17 of this chapter and 
the AMS, the application shall be filed 
with the FAA’s attorney and with the 
Office of Dispute Resolution for Acqui-

[Doc. No. FAA–1998–4379, 64 FR 32936, June 18, 

§ 14.22

Answer to application. 

(a) Within 30 days after service of an 

application, counsel representing the 
agency against which an award is 
sought may file an answer to the appli-
cation. Unless agency counsel requests 
an extension of time for filing or files 
a statement of intent to negotiate 
under paragraph (b) of the section, fail-
ure to file an answer within the 30-day 
period may be treated as a consent to 
the award requested. 

(b) If the FAA’s counsel and the ap-

plicant believe that the issues in the 
fee application can be settled, they 
may jointly file a statement of their 
intent to negotiate a settlement. The 
filing of this statement shall extend 
the time for filing an answer for an ad-
ditional 30 days, and further extensions 
may be granted by the ALJ or adju-
dicative officer upon request by the 
FAA’s counsel and the applicant. 

(c) The answer shall explain in detail 

any objections to the award requested 
and identify the facts relied on in sup-
port of agency counsel’s position. If the 
answer is based on any alleged facts 
not already in the record of the pro-
ceeding, agency counsel shall include 
with the answer either supporting affi-
davits or a request for further pro-
ceedings under § 14.26. 

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

§ 14.23


Within 15 days after service of an an-

swer, the applicant may file a reply. If 
the reply is based on any alleged facts 

not already in the record of the pro-
ceeding, the applicant shall include 
with the reply either supporting affida-
vits or a request for further pro-
ceedings under § 14.26. 

§ 14.24

Comments by other parties. 

Any party to a proceeding other than 

the applicant and the FAA’s counsel 
may file comments on an application 
within 30 days after it is served, or on 
an answer within 15 days after it is 
served. A commenting party may not 
participate further in proceedings on 
the application unless the ALJ or adju-
dicative officer determines that the 
public interest requires such participa-
tion in order to permit full exploration 
of matters raised in the comments. 

[Doc. No. FAA–1998–4379, 64 FR 32936, June 18, 

§ 14.25


The applicant and agency counsel 

may agree on a proposed settlement of 
the award before final action on the ap-
plication, either in connection with a 
settlement of the underlying pro-
ceeding, or after the underlying pro-
ceeding has been concluded. If a pre-
vailing party and agency counsel agree 
on a proposed settlement of an award 
before an application has been filed, 
the application shall be filed with the 
proposed settlement. 

§ 14.26

Further proceedings. 

(a) Ordinarily the determination of 

an award will be made on the basis of 
the written record; however, on request 
of either the applicant or agency coun-
sel, or on his or her own initiative, the 
ALJ or adjudicative officer assigned to 
the matter may order further pro-
ceedings, such as an informal con-
ference, oral argument, additional 
written submissions, or an evidentiary 
hearing. Such further proceedings shall 
be held only when necessary for full 
and fair resolution of the issues arising 
from the application and shall be con-
ducted as promptly as possible. 

(b) A request that the administrative 

law judge order further proceedings 
under this section shall specifically 
identify the information sought or the 
disputed issues and shall explain why 

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