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14 CFR Ch. I (1–1–24 Edition) 

§ 13.221 

discovery order, the administrative law 
judge may impose any of the following 
sanctions proportional to the party’s 
failure to comply with the order: 

(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. 

§ 13.221

Notice of hearing. 

(a) 

Notice.  The administrative law 

judge must provide each party with no-
tice of the date, time, and location of 
the hearing at least 60 days before the 
hearing date. 

(b) 

Date, time, and location of the hear-

ing.  The administrative law judge to 
whom the proceedings have been as-
signed must set a reasonable date, 
time, and location for the hearing. The 
administrative law judge must consider 
the need for discovery and any joint 
procedural or discovery schedule sub-
mitted by the parties when deter-
mining the hearing date. The adminis-
trative law judge must give due regard 
to the convenience of the parties, the 
location where the majority of the wit-
nesses reside or work, and whether the 
location is served by a scheduled air 
carrier. 

(c) 

Earlier hearing. With the consent 

of the administrative law judge, the 
parties may agree to hold the hearing 
on an earlier date than the date speci-
fied in the notice of hearing. 

§ 13.222

Evidence. 

(a) 

General.  A party is entitled to 

present the party’s case or defense by 
oral, documentary, or demonstrative 
evidence, to submit rebuttal evidence, 
and to conduct any cross-examination 
that may be required for a full and true 
disclosure of the facts. 

(b) 

Admissibility.  A party may intro-

duce any oral, documentary, or demon-
strative evidence in support of the par-
ty’s case or defense. The administra-
tive law judge must admit any relevant 
oral, documentary, or demonstrative 
evidence introduced by a party, but 

must exclude irrelevant, immaterial, 
or unduly repetitious evidence. 

(c) 

Hearsay evidence. Hearsay evi-

dence is admissible in proceedings gov-
erned by this subpart. The fact that 
evidence submitted by a party is hear-
say goes only to the weight of the evi-
dence and does not affect its admissi-
bility. 

§ 13.223

Standard of proof. 

The administrative law judge must 

issue an initial decision or must rule in 
a party’s favor only if the decision or 
ruling is supported by, and in accord-
ance with, the reliable, probative, and 
substantial evidence contained in the 
record. In order to prevail, the party 
with the burden of proof must prove 
the party’s case or defense by a prepon-
derance of reliable, probative, and sub-
stantial evidence. 

§ 13.224

Burden of proof. 

(a) Except in the case of an affirma-

tive defense, the burden of proof is on 
the agency. 

(b) Except as otherwise provided by 

statute or rule, the proponent of a mo-
tion, request, or order has the burden 
of proof. 

(c) A party who has asserted an af-

firmative defense has the burden of 
proving the affirmative defense. 

§ 13.225

Offer of proof. 

A party whose evidence has been ex-

cluded by a ruling of the administra-
tive law judge may offer the evidence 
for the record on appeal. 

§ 13.226

Public disclosure of informa-

tion. 

(a) The administrative law judge may 

order that any information contained 
in the record be withheld from public 
disclosure. Any party or interested per-
son may object to disclosure of infor-
mation in the record by filing and serv-
ing a written motion to withhold spe-
cific information in accordance with 
§§ 13.210 and 13.211 respectively. A party 
may file a motion seeking to protect 
from public disclosure information 
contained in a document that the party 
is filing at the same time it files the 
document. The person or party must 
state the specific grounds for non-
disclosure in the motion. 

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