51
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.
(c) The parties may agree to extend
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
VerDate Sep<11>2014
09:06 Jun 28, 2024
Jkt 262046
PO 00000
Frm 00061
Fmt 8010
Sfmt 8010
Y:\SGML\262046.XXX
262046
jspears on DSK121TN23PROD with CFR