title-14-part-13-sec13-217

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.

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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14 CFR Ch. I (1–1–24 Edition)

§ 13.218

(1) Strike the relevant portion of a

party’s pleadings;

(2) Preclude prehearing or discovery

motions by that party;

(3) Preclude admission of the rel-

evant portion of a party’s evidence at
the hearing; or

(4) Preclude the relevant portion of

the testimony of that party’s witnesses
at the hearing.

§ 13.218

Motions.

(a)

General. A party applying for an

order or ruling not specifically pro-
vided in this subpart must do so by fil-
ing a motion in accordance with
§ 13.210. A party must serve a copy of
each motion in accordance with § 13.211.

(b)

Form and contents. A party must

state the relief sought by the motion
and the particular grounds supporting
that relief. If a party has evidence in
support of a motion, the party must at-
tach any supporting evidence, includ-
ing affidavits, to the motion.

(c)

Filing of motions. A motion made

prior to the hearing must be in writing.
Unless otherwise agreed by the parties
or for good cause shown, a party must
file any prehearing motion not later
than 30 days before the hearing in the
FAA Hearing Docket in accordance
with § 13.210, and must serve a copy on
the administrative law judge, if as-
signed, and on each party in accord-
ance with § 13.211. Motions introduced
during a hearing may be made orally
on the record unless the administrative
law judge directs otherwise.

(d)

Responses to motions. Any party

may file a response, with affidavits or
other evidence in support of the re-
sponse, not later than 10 days after
service of a written motion on that
party. When a motion is made during a
hearing, the response may be made at
the hearing on the record, orally or in
writing, within a reasonable time de-
termined by the administrative law
judge.

(e)

Rulings on motions. The adminis-

trative law judge must rule on all mo-
tions as follows:

(1)

Discovery motions. The administra-

tive law judge must resolve all pending
discovery motions not later than 10
days before the hearing.

(2)

Prehearing motions. The adminis-

trative law judge must resolve all

pending prehearing motions not later
than 7 days before the hearing. If the
administrative law judge issues a rul-
ing or order orally, the administrative
law judge must serve a written copy of
the ruling or order, within 3 days, on
each party. In all other cases, the ad-
ministrative law judge must issue rul-
ings and orders in writing and must
serve a copy of the ruling or order on
each party.

(3)

Motions made during the hearing.

The administrative law judge must
issue rulings and orders on oral mo-
tions. Oral rulings or orders on mo-
tions must be made on the record.

(f)

Specific motions. The motions that

a party may file include but are not
limited to the following:

(1)

Motion to dismiss for insufficiency.

A respondent may file a motion to dis-
miss the complaint for insufficiency in-
stead of filing an answer. If the admin-
istrative law judge denies the motion
to dismiss the complaint for insuffi-
ciency, the respondent must file an an-
swer not later than 10 days after serv-
ice of the administrative law judge’s
denial of the motion. A motion to dis-
miss the complaint for insufficiency
must show that the complaint fails to
state a violation of a provision of the
Federal aviation statute listed in the
first sentence in 49 U.S.C. 46301(d)(2) or
in 49 U.S.C. 47531, or any implementing
rule, regulation, or order, or a viola-
tion of the Federal hazardous materials
transportation statute, 49 U.S.C. 5121–
5128, or any implementing rule, regula-
tion, or order.

(2)

Motion to dismiss. A party may file

a motion to dismiss, specifying the
grounds for dismissal. If an administra-
tive law judge grants a motion to dis-
miss in part, a party may appeal the
administrative law judge’s ruling on
the motion to dismiss under § 13.219(b).

(i)

Motion to dismiss a request for a

hearing. An agency attorney may file a
motion to dismiss a request for a hear-
ing instead of filing a complaint. If the
motion to dismiss is not granted, the
agency attorney must file the com-
plaint in the FAA Hearing Docket and
must serve a copy of the complaint on
the administrative law judge and on
each party not later than 10 days after
service of the administrative law
judge’s ruling or order on the motion