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98 

14 CFR Ch. I (1–1–18 Edition) 

§ 16.15 

Part 16 cases, indexes of decisions, con-
tact information for the FAA Hearing 
Docket, the rules of practice, and other 
information are available on the FAA 
Office of Airports’ Web site at: http:// 
part16.airports.faa.gov/index.cfm. 

[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as 
amended at Amdt. 16–1, 78 FR 56142, Sept. 12, 
2013] 

§ 16.15

Service of documents on the 

parties and the agency. 

Except as otherwise provided in this 

part, documents shall be served as fol-
lows: 

(a) Whom must be served. Copies of all 

documents filed with the FAA Part 16 
Docket Clerk shall be served by the 
persons filing them on all parties to 
the proceeding. A certificate of service 
shall accompany all documents when 
they are tendered for filing and shall 
certify concurrent service on the FAA 
and all parties. Certificates of service 
shall be in substantially the following 
form: 

I hereby certify that I have this day served 

the foregoing [name of document] on the fol-
lowing persons at the following addresses, 
facsimile numbers (if also served by fac-
simile), or email address (if served electroni-
cally in accordance with § 16.13(h)), by [speci-
fy method of service]: 

[list persons, addresses, facsimile numbers, 
email addresses (as applicable)] 

Dated this 

lday of l, 20l. 

[signature], for [party] 

(b) Method of service. Except as oth-

erwise agreed by the parties and, if ap-
plicable, the hearing officer, the meth-
od of service is the same as set forth in 
§ 16.13(b) for filing documents. 

(c)  Where service shall be made. Serv-

ice shall be made to the persons identi-
fied in accordance with § 16.13(f). If no 
such person has been designated, serv-
ice shall be made on the party. 

(d)  Presumption of service. There shall 

be a presumption of lawful service— 

(1) When acknowledgment of receipt 

is by a person who customarily or in 
the ordinary course of business re-
ceives mail at the address of the party 
or of the person designated under 
§ 16.13(f); 

(2) When a properly addressed enve-

lope, sent to the most current address 
submitted under § 16.13(f), has been re-

turned as undeliverable, unclaimed, or 
refused; or 

(3) When the party serving the docu-

ment electronically has a confirmation 
statement demonstrating that the 
email was properly sent to a party cor-
rectly addressed. 

(e) Date of service. The date of service 

shall be determined in the same man-
ner as the filing date under § 16.13(b). 

[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as 
amended at Amdt. 16–1, 78 FR 56143, Sept. 12, 
2013] 

§ 16.17

Computation of time. 

This section applies to any period of 

time prescribed or allowed by this part, 
by notice or order of the hearing offi-
cer, or by an applicable statute. 

(a) The date of an act, event, or de-

fault, after which a designated time pe-
riod begins to run, is not included in a 
computation of time under this part. 

(b) The last day of a time period is 

included in a computation of time un-
less it is a Saturday, Sunday, or legal 
holiday for the FAA, in which case, the 
time period runs until the end of the 
next day that is not a Saturday, Sun-
day, or legal holiday. 

(c) Whenever a party has the right or 

is required to do some act within a pre-
scribed period after service of a docu-
ment upon the party, and the docu-
ment is served on the party by first 
class mail or certified mail, 5 days 
shall be added to the prescribed period. 

[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as 
amended at Amdt. 16–1, 78 FR 56143, Sept. 12, 
2013] 

§ 16.19

Motions. 

(a)  General.  An application for an 

order or ruling not otherwise specifi-
cally provided for in this part shall be 
by motion. Unless otherwise ordered by 
the agency, the filing of a motion will 
not stay the date that any action is 
permitted or required by this part. 

(b)  Form and contents. Unless made 

during a hearing, motions shall be 
made in writing, shall state with par-
ticularity the relief sought and the 
grounds for the relief sought, and shall 
be accompanied by affidavits or other 
evidence relied upon. Motions intro-
duced during hearings may be made 
orally on the record, unless the hearing 
officer directs otherwise. 

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