65
Federal Aviation Administration, DOT
§ 13.217
§ 13.211. The administrative law judge
may grant the extension of time if
good cause for the extension is shown.
(c) If the administrative law judge
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:
VerDate Sep<11>2014
09:06 Jun 28, 2024
Jkt 262046
PO 00000
Frm 00075
Fmt 8010
Sfmt 8010
Y:\SGML\262046.XXX
262046
jspears on DSK121TN23PROD with CFR