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14 CFR Ch. I (1–1–24 Edition) 

§ 13.231 

portions of the record in accordance 
with applicable law. 

§ 13.231

Argument before the adminis-

trative law judge. 

(a) 

Arguments during the hearing. Dur-

ing the hearing, the administrative law 
judge must give the parties a reason-
able opportunity to present arguments 
on the record supporting or opposing 
motions, objections, and rulings if the 
parties request an opportunity for ar-
gument. The administrative law judge 
may request written arguments during 
the hearing if the administrative law 
judge finds that submission of written 
arguments would be reasonable. 

(b) 

Final oral argument. At the conclu-

sion of the hearing and before the ad-
ministrative law judge issues an initial 
decision in the proceedings, the admin-
istrative law judge must allow the par-
ties to submit oral proposed findings of 
fact and conclusions of law, exceptions 
to rulings of the administrative law 
judge, and supporting arguments for 
the findings, conclusions, or excep-
tions. At the conclusion of the hearing, 
a party may waive final oral argument. 

(c) 

Post-hearing briefs. The adminis-

trative law judge may request written 
post-hearing briefs before the adminis-
trative law judge issues an initial deci-
sion in the proceedings if the adminis-
trative law judge finds that submission 
of written arguments would be reason-
able. If a party files a written post- 
hearing brief, the party must include 
proposed findings of fact and conclu-
sions of law, exceptions to rulings of 
the administrative law judge, and sup-
porting arguments for the findings, 
conclusions, or exceptions. The admin-
istrative law judge must give the par-
ties a reasonable opportunity, but not 
more than 30 days after receipt of the 
transcript, to prepare and submit the 
briefs. A party must file and serve any 
post-hearing brief in in accordance 
with §§ 13.210 and 13.211, respectively. 

§ 13.232

Initial decision. 

(a) 

Contents.  The administrative law 

judge must issue an initial decision at 
the conclusion of the hearing. In each 
oral or written decision, the adminis-
trative law judge must include findings 
of fact and conclusions of law, as well 
as the grounds supporting those find-

ings and conclusions, for all material 
issues of fact, the credibility of wit-
nesses, the applicable law, any exercise 
of the administrative law judge’s dis-
cretion, and the amount of any civil 
penalty found appropriate by the ad-
ministrative law judge. The adminis-
trative law judge must also include a 
discussion of the basis for any order 
issued in the proceedings. The adminis-
trative law judge is not required to 
provide a written explanation for rul-
ings on objections, procedural motions, 
and other matters not directly relevant 
to the substance of the initial decision. 
If the administrative law judge refers 
to any previous unreported or unpub-
lished initial decision, the administra-
tive law judge must make copies of 
that initial decision available to all 
parties and the FAA decisionmaker. 

(b) 

Oral decision. Except as provided 

in paragraph (c) of this section, at the 
conclusion of the hearing, the adminis-
trative law judge’s oral initial decision 
and order must be on the record. 

(c) 

Written decision. The administra-

tive law judge may issue a written ini-
tial decision not later than 30 days 
after the conclusion of the hearing or 
submission of the last post-hearing 
brief if the administrative law judge 
finds that issuing a written initial de-
cision is reasonable. The administra-
tive law judge must serve a copy of any 
written initial decision on each party. 

(d) 

Reconsideration of an initial deci-

sion.  The FAA decisionmaker may 
treat a motion for reconsideration of 
an initial decision 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 de-
cisionmaker will issue a briefing sched-
ule, as provided in § 13.218. 

(e) 

Order assessing civil penalty. Unless 

appealed pursuant to § 13.233, the initial 
decision issued by the administrative 
law judge is considered an order assess-
ing civil penalty if the administrative 
law judge finds that an alleged viola-
tion occurred and determines that a 
civil penalty, in an amount found ap-
propriate by the administrative law 
judge, is warranted. The administra-
tive law judge may not assess a civil 
penalty exceeding the amount sought 
in the complaint. 

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