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14 CFR Ch. I (1–1–18 Edition) 

§ 16.209 

and with the written approval of the 
hearing officer. 

(b) A person may submit a written 

motion for leave to intervene as a 
party. Except for good cause shown, a 
motion for leave to intervene shall be 
submitted not later than 10 days after 
the notice of hearing and hearing 
order. 

(c) If the hearing officer finds that 

intervention will not unduly broaden 
the issues or delay the proceedings and, 
if the person has an interest that will 
benefit the proceedings, the hearing of-
ficer may grant a motion for leave to 
intervene. The hearing officer may de-
termine the extent to which an inter-
venor may participate in the pro-
ceedings. 

(d) Other persons may petition the 

hearing officer for leave to participate 
in the hearing. Participation is limited 
to the filing of a posthearing brief and 
reply to the hearing officer and the As-
sociate Administrator. Such a brief 
shall be filed and served on all parties 
in the same manner as the parties’ 
posthearing briefs are filed. 

(e) Participation under this section is 

at the discretion of the hearing officer, 
and no decision permitting participa-
tion shall be deemed to constitute an 
expression that the participant has 
such a substantial interest in the pro-
ceeding as would entitle it to judicial 
review of such decision. 

[Amdt. 16–1, 78 FR 56146, Sept. 12, 2013] 

§ 16.209

Extension of time. 

(a)  Extension by oral agreement. The 

parties may agree to extend for a rea-
sonable period of time for filing a docu-
ment under this part. If the parties 
agree, the hearing officer shall grant 
one extension of time to each party. 
The party seeking the extension of 
time shall submit a draft order to the 
hearing officer to be signed by the 
hearing officer and filed with the hear-
ing docket. The hearing officer may 
grant additional oral requests for an 
extension of time where the parties 
agree to the extension. 

(b)  Extension by motion. A party shall 

file a written motion for an extension 
of time with the hearing officer not 
later than 7 days before the document 
is due unless good cause for the late fil-
ing is shown. A party filing a written 

motion for an extension of time shall 
serve a copy of the motion on each 
party. 

(c)  Failure to rule. If the hearing offi-

cer fails to rule on a written motion for 
an extension of time by the date the 
document was due, the motion for an 
extension of time is deemed denied. 

(d)  Effect on time limits. In a hearing 

required by section 519(b) of the Air-
port and Airways Improvement Act, as 
amended in 1987, 49 U.S.C. 47106(e) and 
47111(d), the due date for the hearing 
officer’s initial decision and for the 
final agency decision are extended by 
the length of the extension granted by 
the hearing officer only if the hearing 
officer grants an extension of time as a 
result of an agreement by the parties 
as specified in paragraph (a) of this sec-
tion or, if the hearing officer grants an 
extension of time as a result of the 
sponsor’s failure to adhere to the hear-
ing schedule. In any other hearing, an 
extension of time granted by the hear-
ing officer for any reason extends the 
due date for the hearing officer’s ini-
tial decision and for the final agency 
decision by the length of time of the 
hearing officer’s decision. 

§ 16.211

Prehearing conference. 

(a)  Prehearing conference notice. The 

hearing officer schedules a prehearing 
conference and serves a prehearing con-
ference notice on the parties promptly 
after being designated as a hearing of-
ficer. 

(1) The prehearing conference notice 

specifies the date, time, place, and 
manner (in person or by telephone) of 
the prehearing conference. 

(2) The prehearing conference notice 

may direct the parties to exchange pro-
posed witness lists, requests for evi-
dence and the production of documents 
in the possession of another party, re-
sponses to interrogatories, admissions, 
proposed procedural schedules, and pro-
posed stipulations before the date of 
the prehearing conference. 

(b) The prehearing conference. The pre-

hearing conference is conducted by 
telephone or in person, at the hearing 
officer’s discretion. The prehearing 
conference addresses matters raised in 
the prehearing conference notice and 

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