title-14-part-13-sec13-213

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.

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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§ 13.217

§ 13.211. The administrative law judge
may grant the extension of time if
good cause for the extension is shown.

fails to rule on a motion for an exten-
sion of time by the date the document
was due, the motion for an extension of
time is deemed granted for no more
than 20 days after the original date the
document was to be filed.

§ 13.214

Amendment of pleadings.

(a)

Filing and service. A party must

file the amendment with the FAA
Hearing Docket and must serve a copy
of the amendment on the administra-
tive law judge, if assigned, and on all
parties to the proceeding.

(b)

Time. (1) Not later than 15 days be-

fore the scheduled date of a hearing, a
party may amend a complaint or an
answer without the consent of the ad-
ministrative law judge.

(2) Less than 15 days before the

scheduled date of a hearing, the admin-
istrative law judge may allow amend-
ment of a complaint or an answer only
for good cause shown in a motion to
amend.

(c)

Responses. The administrative law

judge must allow a reasonable time,
but not more than 20 days from the
date of filing, for other parties to re-
spond if an amendment to a complaint,
answer, or other pleading has been filed
with the FAA Hearing Docket and
served on the administrative law judge
and other parties.

§ 13.215

Withdrawal of complaint or

request for hearing.

At any time before or during a hear-

ing, an agency attorney may withdraw
a complaint or a party may withdraw a
request for a hearing without the con-
sent of the administrative law judge. If
an agency attorney withdraws the
complaint or a party withdraws the re-
quest for a hearing and the answer, the
administrative law judge must dismiss
the proceedings under this subpart
with prejudice.

§ 13.216

Waivers.

Waivers of any rights provided by

statute or regulation must be in writ-
ing or by stipulation made at a hearing
and entered into the record. The par-

ties must set forth the precise terms of
the waiver and any conditions.

§ 13.217

Joint procedural or discovery

schedule.

(a)

General. The parties may agree to

submit a schedule for filing all pre-
hearing motions, conducting discovery
in the proceedings, or both.

(b)

Form and content of schedule. If the

parties agree to a joint procedural or
discovery schedule, one of the parties
must file the joint schedule setting
forth the dates to which the parties
have agreed, in accordance with
§ 13.210, and must also serve a copy of
the joint schedule in accordance with
§ 13.211. The filing of the joint schedule
must include a draft order establishing
a joint schedule to be signed by the ad-
ministrative law judge.

(1) The joint schedule may include,

but need not be limited to, requests for
discovery, objections to discovery re-
quests, responses to discovery requests
to which there are no objections, sub-
mission of prehearing motions, re-
sponses to prehearing motions, ex-
change of exhibits to be introduced at
the hearing, and a list of witnesses
that may be called at the hearing.

(2) Each party must sign the joint

schedule.

(c)

Time. The parties may agree to

submit all prehearing motions and re-
sponses and may agree to close dis-
covery in the proceedings under the
joint schedule within a reasonable time
before the date of the hearing, but not
later than 15 days before the hearing.

(d)

Joint scheduling order. The joint

schedule filed by the parties is a pro-
posed schedule that requires approval
of the administrative law judge to be-
come the joint scheduling order.

(e)

Disputes. The administrative law

judge must resolve disputes regarding
discovery or disputes regarding compli-
ance with the joint scheduling order as
soon as possible so that the parties
may continue to comply with the joint
scheduling order.

(f)

Sanctions for failure to comply with

joint schedule. If a party fails to comply
with a joint scheduling order, the ad-
ministrative law judge may impose any
of the following sanctions, proportional
to the party’s failure to comply with
the order: