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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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