68
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:
VerDate Sep<11>2014
09:06 Jun 28, 2024
Jkt 262046
PO 00000
Frm 00078
Fmt 8010
Sfmt 8010
Y:\SGML\262046.XXX
262046
jspears on DSK121TN23PROD with CFR
69
Federal Aviation Administration, DOT
§ 13.220
(1) A ruling or order by the adminis-
trative law judge barring a person from
the proceedings;
(2) Failure of the administrative law
judge to dismiss the proceedings in ac-
cordance with § 13.215; or
(3) A ruling or order by the adminis-
trative law judge in violation of
§ 13.205(b).
(d)
Procedure. A party must file a no-
tice of interlocutory appeal, with sup-
porting documents, with the FAA
Hearing Docket, and must serve a copy
of the notice and supporting documents
on each party and the administrative
law judge not later than 10 days after
the administrative law judge’s decision
forming the basis of an interlocutory
appeal of right, or not later than 10
days after the administrative law
judge’s decision granting an interlocu-
tory appeal for cause, as appropriate. A
party must file a reply, if any, with the
FAA Hearing Docket, and serve a copy
on each party and the administrative
law judge not later than 10 days after
service of the appeal. The FAA deci-
sionmaker must render a decision on
the interlocutory appeal on the record
and as a part of the decision in the pro-
ceedings, within a reasonable time
after receipt of the interlocutory ap-
peal.
(e)
Summary rejection. The FAA deci-
sionmaker may reject frivolous, repet-
itive, or dilatory appeals, and may
issue an order precluding one or more
parties from making further interlocu-
tory appeals in a proceeding in which
there have been frivolous, repetitive, or
dilatory interlocutory appeals.
§ 13.220
Discovery.
(a)
Initiation of discovery. Any party
may initiate discovery described in
this section without the consent or ap-
proval of the administrative law judge
at any time after a complaint has been
filed in the proceedings.
(b)
Methods of discovery. The fol-
lowing methods of discovery are per-
mitted under this section: Depositions
on oral examination or written ques-
tions of any person; written interrog-
atories directed to a party; requests for
production of documents or tangible
items to any person; and requests for
admission by a party. A party must not
file written interrogatories and re-
sponses, requests for production of doc-
uments or tangible items and re-
sponses, and requests for admission and
response with the FAA Hearing Docket
or serve them on the administrative
law judge. In the event of a discovery
dispute, a party must attach a copy of
the relevant documents in support of a
motion made under this section.
(c)
Service on the agency. A party
must serve each discovery request di-
rected to the agency or any agency em-
ployee on the agency attorney of
record.
(d)
Time for response to discovery re-
quests. Unless otherwise directed by
this subpart or agreed by the parties, a
party must respond to a request for
discovery, including filing objections
to a request for discovery, not later
than 30 days after service of the re-
quest.
(e)
Scope of discovery. Subject to the
limits on discovery set forth in para-
graph (f) of this section, a party may
discover any matter that is not privi-
leged and that is relevant to any par-
ty’s claim or defense, including the ex-
istence, description, nature, custody,
condition, and location of any docu-
ment or other tangible item and the
identity and location of any person
having knowledge of discoverable mat-
ter. A party may discover facts known,
or opinions held, by an expert who any
other party expects to call to testify at
the hearing. A party has no ground to
object to a discovery request on the
basis that the information sought
would not be admissible at the hearing.
(f)
Limiting discovery. The administra-
tive law judge must limit the fre-
quency and extent of discovery per-
mitted by this section if a party shows
that—
(1) The information requested is cu-
mulative or repetitious;
(2) The information requested can be
obtained from another less burdensome
and more convenient source;
(3) The party requesting the informa-
tion has had ample opportunity to ob-
tain the information through other dis-
covery methods permitted under this
section; or
(4) The method or scope of discovery
requested by the party is unduly bur-
densome or expensive.
VerDate Sep<11>2014
09:06 Jun 28, 2024
Jkt 262046
PO 00000
Frm 00079
Fmt 8010
Sfmt 8010
Y:\SGML\262046.XXX
262046
jspears on DSK121TN23PROD with CFR