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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: 

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