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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14 CFR Ch. I (1–1–24 Edition)
§ 13.211
(h)
Filing by email. A document that
is filed by email must be attached as a
PDF file to an email. The document
must be signed in accordance with
§ 13.207. The email message does not
constitute a submission, but serves
only to deliver the attached PDF file
to the FAA Hearing Docket.
§ 13.211
Service of documents.
(a)
General. A person must serve a
copy of all documents on each party
and the administrative law judge, if as-
signed, at the time of filing with the
FAA Hearing Docket except as pro-
vided otherwise in this subpart.
(b)
Service by the FAA Hearing Docket,
the administrative law judge, and the
FAA decisionmaker. The FAA Hearing
Docket, the administrative law judge,
and the FAA decisionmaker must send
documents to a party by personal de-
livery, mail, fax, or email as provided
in this section.
(c)
Methods of service—(1) General. A
person may serve any document by
email, personal delivery, mail, or fax.
(2)
Service by email. Service of docu-
ments by email is voluntary and re-
quires the prior consent of the person
to be served by email. A person may re-
tract consent to be served by email by
filing a written retraction with the
FAA Hearing Docket and serving it on
the other party and the administrative
law judge. A document that is served
by email must be attached as a PDF
file to an email message.
(d)
Certificate of service. A certificate
of service must accompany all docu-
ments filed with the FAA Hearing
Docket. The certificate of service must
be signed, describe the method of serv-
ice, and state the date of service.
(e)
Date of service. If a document is
served by fax or served by email, the
date of service is the date the email or
fax is sent. If a document is served by
personal delivery, the date of service is
the date that personal delivery is ac-
complished. If a document is mailed,
the date of service is the date shown on
the certificate 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.
(f)
Valid service. A document served
by mail or personal delivery that was
properly addressed, was sent in accord-
ance with this subpart, and that was
returned as unclaimed, or that was re-
fused or not accepted, is deemed to
have been served in accordance with
this subpart.
(g)
Additional time after service by mail.
Whenever a party must respond within
a prescribed period after service by
mail, 5 days are added to the prescribed
period.
(h)
Presumption of service. There is a
presumption of service where a party
or a person, who customarily receives
mail, or receives it in the ordinary
course of business, at either the per-
son’s residence or the person’s prin-
cipal place of business, acknowledges
receipt of the document.
§ 13.212
Computation of time.
(a) This section applies to any period
of time prescribed or allowed by this
subpart, by notice or order of the ad-
ministrative law judge, or by any ap-
plicable statute.
(b) The date of an act, event, or de-
fault is not included in a computation
of time under this subpart.
(c) The last day of a time period is in-
cluded unless it is a Saturday, Sunday,
or a Federal holiday. If the last day is
a Saturday, Sunday, or Federal holi-
day, the time period runs until the end
of the next day that is not a Saturday,
Sunday, or Federal holiday.
§ 13.213
Extension of time.
(a) The parties may agree to extend
for a reasonable period the time for fil-
ing a document under this subpart. The
party seeking the extension of time
must submit a draft order to the ad-
ministrative law judge to be signed by
the administrative law judge and filed
with the FAA Hearing Docket. The ad-
ministrative law judge must sign and
issue the order if the extension agreed
to by the parties is reasonable.
(b) A party may file a written motion
for an extension of time. A written mo-
tion for an extension of time must be
filed with the FAA Hearing Docket in
accordance with § 13.210. The motion
must be filed no later than seven days
before the document is due unless good
cause for the late filing is shown. The
party filing the motion must serve a
copy of the motion in accordance with
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