50
14 CFR Ch. I (1–1–24 Edition)
§ 13.39
(k) Issue protective orders governing
the exchange and safekeeping of infor-
mation otherwise protected by law, ex-
cept that national security informa-
tion may not be disclosed under such
an order;
(l) Issue orders and decisions, and
make findings of fact, as appropriate;
and
(m) Take any other action authorized
by this subpart.
§ 13.39
Disqualification of hearing offi-
cer.
(a)
Motion and supporting affidavit.
Any party may file a motion for dis-
qualification under § 13.49(g). A party
must state the grounds for disqualifica-
tion, including, but not limited to, a fi-
nancial or other personal interest that
would be affected by the outcome of
the enforcement action, personal ani-
mus 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.
(b)
Timing. A motion for disqualifica-
tion must be filed prior to the issuance
of the hearing officer’s decision under
§ 13.63(b). Any party may file a response
to a motion for disqualification, but
must do so no later than 5 days after
service of the motion for disqualifica-
tion.
(c)
Decision on motion for disqualifica-
tion. The hearing officer must render a
decision on the motion for disqualifica-
tion no later than 15 days after the mo-
tion has been filed. If the hearing offi-
cer finds that the motion for disquali-
fication and supporting affidavit show
a basis for disqualification, the hearing
officer must withdraw from the pro-
ceedings immediately. If the hearing
officer finds that disqualification is not
warranted, the hearing officer must
deny the motion and state the grounds
for the denial on the record. If the
hearing officer fails to rule on a party’s
motion for disqualification within 15
days after the motion has been filed,
the motion is deemed granted.
(d)
Self-disqualification. A hearing of-
ficer may disqualify himself or herself
at any time.
§ 13.41
Separation of functions and
prohibition on ex parte communica-
tions.
(a)
Separation of powers. The hearing
officer independently exercises the
powers under this subpart in a manner
conducive to justice and the proper dis-
patch of business. The hearing officer
must not participate in any appeal to
the Administrator.
(b)
Ex parte communications. (1) No
substantive ex parte communications
between the hearing officer and any
party are permitted.
(2) A hearing, conference, or other
event scheduled with prior notice will
not constitute ex parte communication
prohibited by this section. A hearing,
conference, or other event scheduled
with prior notice, may proceed in the
hearing officer’s sole discretion if a
party fails to appear, respond, or other-
wise participate, and will not con-
stitute an ex parte communication pro-
hibited by this section.
(3) For an appeal to the Adminis-
trator under this subpart, FAA attor-
neys representing the complainant
must not advise the Administrator or
engage in any ex parte communica-
tions with the Administrator or his ad-
visors.
§ 13.43
Service and filing of pleadings,
motions, and documents.
(a)
General rule. A party must file all
requests for hearing, pleadings, mo-
tions, and documents with the FAA
Hearing Docket, and must serve a copy
upon all parties to the proceedings.
(b)
Methods of filing. Filing must be
by email, personal delivery, expedited
or overnight courier express service,
mail, or fax.
(c)
Address for filing. A person filing a
document with the FAA Hearing Dock-
et must use the address identified for
the method of filing as follows:
(1)
If delivery is in person, or by expe-
dited or overnight express courier service.
Federal Aviation Administration, 600
Independence Avenue SW, Wilbur
Wright Building—Suite 2W100, Wash-
ington, DC 20597; Attention: FAA Hear-
ing Docket, AGC–70.
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