74
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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