63
Federal Aviation Administration, DOT
§ 13.210
(2) If the agency fails to show good
cause for any delay, an administrative
law judge may dismiss the complaint,
or that part of the complaint, alleging
a violation that occurred more than 2
years before an agency attorney issued
the notice of proposed civil penalty to
the respondent.
(3) A party may appeal the adminis-
trative law judge’s ruling on the mo-
tion to dismiss the complaint or any
part of the complaint in accordance
with § 13.219(b).
§ 13.209
Answer.
(a)
Writing required. A respondent
must file in the FAA Hearing Docket a
written answer to the complaint, or
may file a written motion pursuant to
§ 13.208 or § 13.218 instead of filing an
answer, not later than 30 days after
service of the complaint. The answer
must be dated and signed by the person
responding to the complaint. An an-
swer must be typewritten or legibly
handwritten.
(b)
Filing. A person filing an answer
or motion under paragraph (a) of this
section must follow the filing instruc-
tions in § 13.210.
(c)
Service. A person filing an answer
or a motion under paragraph (a) of this
section must serve a copy of the an-
swer or motion in accordance with the
service instructions in § 13.211.
(d)
Contents. An answer must specifi-
cally state any affirmative defense
that the respondent intends to assert
at the hearing. A person filing an an-
swer may include a brief statement of
any relief requested in the answer. The
person filing an answer may rec-
ommend a location for the hearing
when filing the answer.
(e)
Specific denial of allegations re-
quired. A person filing an answer must
admit, deny, or state that the person is
without sufficient knowledge or infor-
mation to admit or deny, each allega-
tion in the complaint. All allegations
in the complaint not specifically de-
nied in the answer are deemed admit-
ted. A general denial of the complaint
is deemed a failure to file an answer.
(f)
Failure to file answer. A person’s
failure to file an answer without good
cause will be deemed an admission of
the truth of each allegation contained
in the complaint.
§ 13.210
Filing of documents.
(a)
General rule. Unless provided oth-
erwise in this subpart, all documents in
proceedings under this subpart must be
tendered for filing with the FAA Hear-
ing Docket.
(b)
Methods of filing. Filing must be
by email, personal delivery, mail, or
fax.
(c)
Address for filing. A person filing a
document with the FAA Hearing Dock-
et must use the address identified for
the method of filing as follows:
(1)
If delivery is in person, or by expe-
dited or overnight express courier service.
Federal Aviation Administration, 600
Independence Avenue SW, Wilbur
Wright Building—Suite 2W100, Wash-
ington, DC 20597; Attention: FAA Hear-
ing Docket, AGC–70.
(2)
If delivery is via U.S. mail, or U.S.
certified or registered mail. Federal Avia-
tion Administration, 800 Independence
Avenue SW, Washington, DC 20591; At-
tention: FAA Hearing Docket, AGC–70,
Wilbur Wright Building—Suite 2W100.
(3)
If delivery is via email or fax. The
email address and fax number for the
FAA Hearing Docket, made available
on the FAA Office of Adjudication
website.
(d)
Date of filing. If a document is
filed by fax or email, the date of filing
is the date the email or fax is sent. If
a document is filed by personal deliv-
ery, the date of filing is the date that
personal delivery is accomplished. If a
document is filed by mail, the date of
filing is the date shown on the certifi-
cate of service, the date shown on the
postmark if there is no certificate of
service, or the mailing date shown by
other evidence if there is no certificate
of service or postmark.
(e)
Form. Each document must be
typewritten or legibly handwritten.
(f)
Contents. Unless otherwise speci-
fied in this subpart, each document
must contain a short, plain statement
of the facts on which the person’s case
rests and a brief statement of the ac-
tion requested.
(g)
Requirement to file an original docu-
ment and number of copies. A party must
file an original document and one copy
when filing by personal delivery or by
mail. Only one copy must be filed if fil-
ing is accomplished by email or fax.
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