66
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
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Federal Aviation Administration, DOT
§ 13.218
to dismiss. If the motion to dismiss is
granted and the proceedings are termi-
nated without a hearing, the respond-
ent may appeal to the FAA decision-
maker under § 13.233. If required by the
decision on appeal, the agency attor-
ney must file a complaint in the FAA
Hearing Docket and must serve a copy
of the complaint on the administrative
law judge and each party not later
than 10 days after service of the FAA
decisionmaker’s decision on appeal.
(ii)
Motion to dismiss a complaint. A re-
spondent may file a motion to dismiss
a complaint instead of filing an answer,
including a motion to dismiss a stale
complaint or allegations as provided in
§ 13.208. If the motion to dismiss is not
granted, the respondent must file an
answer in the FAA Hearing Docket and
must serve a copy of the answer on the
administrative law judge and on each
party not later than 10 days after serv-
ice of the administrative law judge’s
ruling or order on the motion to dis-
miss. If the motion to dismiss is grant-
ed and the proceedings are terminated
without a hearing, the agency attorney
may file an appeal in the FAA Hearing
Docket under § 13.233 and must serve
each other party. If required by the
FAA decisionmaker’s decision on ap-
peal, the respondent must file an an-
swer in the FAA Hearing Docket, and
must serve a copy of the answer on the
administrative law judge and on each
party not later than 10 days after serv-
ice of the decision on appeal.
(3)
Motion for a more definite statement.
A party may file a motion for a more
definite statement of any pleading
which requires a response under this
subpart. A party must set forth, in de-
tail, the indefinite or uncertain allega-
tions contained in a complaint or re-
sponse to any pleading and must sub-
mit the details that the party believes
would make the allegation or response
definite and certain.
(i)
Complaint. A respondent may file a
motion requesting a more definite
statement of the allegations contained
in the complaint instead of filing an
answer. If the administrative law judge
grants the motion, the agency attorney
must supply a more definite statement
not later than 15 days after service of
the ruling granting the motion. If the
agency attorney fails to supply a more
definite statement, the administrative
law judge may strike the allegations in
the complaint to which the motion is
directed. If the administrative law
judge denies the motion, the respond-
ent must file an answer in the FAA
Hearing Docket and must serve a copy
of the answer on the administrative
law judge and on each party not later
than 10 days after service of the order
of denial.
(ii)
Answer. An agency attorney may
file a motion requesting a more defi-
nite statement if an answer fails to re-
spond clearly to the allegations in the
complaint. If the administrative law
judge grants the motion, the respond-
ent must supply a more definite state-
ment not later than 15 days after serv-
ice of the ruling on the motion. If the
respondent fails to supply a more defi-
nite statement, the administrative law
judge may strike those statements in
the answer to which the motion is di-
rected. The respondent’s failure to sup-
ply a more definite statement may be
deemed an admission of unanswered al-
legations in the complaint.
(4)
Motion to strike. Any party may
make a motion to strike any insuffi-
cient allegation or defense, or any re-
dundant, immaterial, impertinent, or
scandalous matter in a pleading. A
party must file a motion to strike be-
fore a response is required under this
subpart or, if a response is not re-
quired, not later than 10 days after
service of the pleading. A motion to
strike must be filed in the FAA Hear-
ing Docket and served on the adminis-
trative law judge, if assigned, and on
each other party.
(5)
Motion for decision. A party may
make a motion for decision, regarding
all or any part of the proceedings, at
any time before the administrative law
judge has issued an initial decision in
the proceedings. The administrative
law judge must grant a party’s motion
for decision if the pleadings, deposi-
tions, answers to interrogatories, ad-
missions, matters that the administra-
tive law judge has officially noticed, or
evidence introduced during the hearing
shows that there is no genuine issue of
material fact and that the party mak-
ing the motion is entitled to a decision
as a matter of law. The party making
the motion for decision has the burden
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14 CFR Ch. I (1–1–24 Edition)
§ 13.219
of showing that there is no genuine
issue of material fact disputed by the
parties.
(6)
Motion for disqualification. A party
may file a motion for disqualification
in the FAA Hearing Docket and must
serve a copy on the administrative law
judge and on each party. A party may
file the motion at any time after the
administrative law judge has been as-
signed to the proceedings but must
make the motion before the adminis-
trative law judge files an initial deci-
sion in the proceedings.
(i)
Motion and supporting affidavit. A
party must state the grounds for dis-
qualification in a motion for disquali-
fication, including, but not limited to,
a financial or other personal interest
that would be affected by the outcome
of the enforcement action, personal
animus against a party to the action or
against a group to which a party be-
longs, prejudgment of the adjudicative
facts at issue in the proceeding, or any
other prohibited conflict of interest. A
party must submit an affidavit with
the motion for disqualification that
sets forth, in detail, the matters al-
leged to constitute grounds for dis-
qualification.
(ii)
Response. A party must respond
to the motion for disqualification not
later than 5 days after service of the
motion for disqualification.
(iii)
Decision on motion for disqualifica-
tion. The administrative law judge
must render a decision on the motion
for disqualification not later than 15
days after the motion has been filed. If
the administrative law judge finds that
the motion for disqualification and
supporting affidavit show a basis for
disqualification, the administrative
law judge must withdraw from the pro-
ceedings immediately. If the adminis-
trative law judge finds that disquali-
fication is not warranted, the adminis-
trative law judge must deny the mo-
tion and state the grounds for the de-
nial on the record. If the administra-
tive law judge fails to rule on a party’s
motion for disqualification within 15
days after the motion has been filed,
the motion is deemed granted.
(iv)
Appeal. A party may appeal the
administrative law judge’s denial of
the motion for disqualification in ac-
cordance with § 13.219(b).
(7)
Motions for reconsideration of an
initial decision, order dismissing a com-
plaint, order dismissing a request for
hearing or order dismissing a request for
hearing and answer. The FAA decision-
maker may treat motions for reconsid-
eration of an initial decision, order dis-
missing a complaint, order dismissing
a request for hearing, or order dis-
missing a request for hearing and an-
swer as a notice of appeal under § 13.233,
and if the motion was filed within the
time allowed for the filing of a notice
of appeal, the FAA decisionmaker will
issue a briefing schedule.
§ 13.219
Interlocutory appeals.
(a)
General. Unless otherwise pro-
vided in this subpart, a party may not
appeal a ruling or decision of the ad-
ministrative law judge to the FAA de-
cisionmaker until the initial decision
has been entered on the record. A deci-
sion or order of the FAA decisionmaker
on the interlocutory appeal does not
constitute a final order of the Adminis-
trator for the purposes of judicial ap-
pellate review as provided in § 13.235.
(b)
Interlocutory appeal for cause. If a
party orally requests or files a written
request for an interlocutory appeal for
cause, the proceedings are stayed until
the administrative law judge issues a
decision on the request. Any written
request for interlocutory appeal for
cause must be filed in the FAA Hearing
Docket and served on each party and
on the administrative law judge. If the
administrative law judge grants the re-
quest, the proceedings are stayed until
the FAA decisionmaker issues a deci-
sion on the interlocutory appeal. The
administrative law judge must grant
the request if a party shows that delay
of the appeal would be detrimental to
the public interest or would result in
undue prejudice to any party.
(c)
Interlocutory appeals of right. If a
party notifies the administrative law
judge of an interlocutory appeal of
right, the proceedings are stayed until
the FAA decisionmaker issues a deci-
sion on the interlocutory appeal. A
party may file an interlocutory appeal
of right, without the consent of the ad-
ministrative law judge, before an ini-
tial decision has been entered in the
case of:
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