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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. 

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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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. 

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