title-14-part-13-sec13-43

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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Federal Aviation Administration, DOT

§ 13.47

(2)

If delivery is via U.S. mail, or U.S.

certified or registered mail. Federal Avia-
tion Administration, 800 Independence
Avenue SW, Washington, DC 20591; At-
tention: FAA Hearing Docket, AGC–70,
Wilbur Wright Building—Suite 2W100.

(3)

Contact information. The FAA Of-

fice of Adjudication will make avail-
able on its website an email address
and fax number for the FAA Hearing
Docket, as well as other contact infor-
mation.

(d)

Requirement to file an original docu-

ment and number of copies. A party must
file an original document and one copy
when filing by personal delivery or by
mail. Only one copy must be filed if fil-
ing is accomplished by email or fax.

(e)

Filing by email. A document that is

filed by email must be attached as a
Portable Document Format (PDF) file
to an email. The document must be
signed in accordance with § 13.207. The
email message does not constitute a
submission, but serves only to deliver
the attached PDF file to the FAA
Hearing Docket.

(f)

Methods of service—(1) General. A

person may serve any document by
email, personal delivery, expedited or
overnight courier express service, mail,
or fax.

(2)

Service by email. Service of docu-

ments by email is voluntary and re-
quires the prior consent of the person
to be served by email. A person may re-
tract consent to be served by email by
filing and serving a written retraction.
A document that is served by email
must be attached as a PDF file to an
email message.

(g)

Certificate of service. A certificate

of service must accompany all docu-
ments filed with the FAA Hearing
Docket. The certificate of service must
be signed, describe the method of serv-
ice, and state the date of service.

(h)

Date of filing and service. If a docu-

ment is sent by fax or email, the date
of filing and service is the date the
email or fax is sent. If a document is
sent by personal delivery or by expe-
dited or overnight express courier serv-
ice, the date of filing and service is the
date that delivery is accomplished. If a
document is mailed, the date of filing
and service is the date shown on the
certificate of service, the date shown
on the postmark if there is no certifi-

cate of service, or the mailing date
shown by other evidence if there is no
certificate of service or postmark.

§ 13.44

[Reserved]

§ 13.45

Computation of time and exten-

sion of time.

(a) In computing any period of time

prescribed or allowed by this subpart,
the date of the act, event, default, no-
tice, or order is not to be included in
the computation. The last day of the
period so computed is to be included
unless it is a Saturday, Sunday, or
Federal holiday, in which event the pe-
riod runs until the end of the next day
that is not a Saturday, Sunday, or a
Federal holiday.

(b) Whenever a party must respond

within a prescribed period after service
by mail, 5 days are added to the pre-
scribed period.

the time for filing any document re-
quired by this subpart with the consent
of—

(1) The Director of the Office of Adju-

dication prior to the designation of a
hearing officer;

(2) The hearing officer prior to the

filing of a notice of appeal; or

(3) The Director of the Office of Adju-

dication after the filing of a notice of
appeal.

(d) If the parties do not agree, a

party may make a written request to
extend the time for filing to the appro-
priate official identified in paragraph
(c) of this section. The appropriate offi-
cial may grant the request for good
cause shown.

§ 13.47

Withdrawal or amendment of

the complaint, answer, or other fil-
ings.

(a)

Withdrawal. At any time before

the hearing, the complainant may
withdraw the complaint, and the re-
spondent may withdraw the request for
hearing.

(b)

Amendments. At any time more

than 10 days before the date of hearing,
any party may amend its complaint,
answer, or other pleading, by filing the
amendment with the FAA Hearing
Docket and serving a copy of it on
every other party. After that time,
amendment requires approval of the
hearing officer. If an initial pleading is