title-14-part-13-sec13-53

14 CFR Ch. I (1–1–24 Edition)

§ 13.49

amended, the hearing officer must
allow the other parties a reasonable op-
portunity to respond.

§ 13.49

Motions.

(a)

Motions in lieu of an answer. A re-

spondent may file a motion to dismiss
or a motion for a more definite state-
ment in place of an answer. If the hear-
ing officer denies the motion, the re-
spondent must file an answer within 10
days.

(1)

Motion to dismiss. The respondent

may file a motion asserting that the
allegations in the complaint fail to
state a violation of Federal aviation
statutes, a violation of regulations in
this chapter, lack of qualification of
the respondent, or other appropriate
grounds.

(2)

Motion for more definite statement.

The respondent may file a motion that
the allegations in the notice be made
more definite and certain.

(b)

Motion to dismiss request for hear-

ing. The FAA may file a motion to dis-
miss a request for hearing based on ju-
risdiction, timeliness, or other appro-
priate grounds.

(c)

Motion for decision on the pleadings

or for summary decision. After the com-
plaint and answer are filed, either
party may move for a decision on the
pleadings or for a summary decision, in
the manner provided by Rules 12 and
56, respectively, of the Federal Rules of
Civil Procedure.

(d)

Motion to strike. Upon motion of

either party, the hearing officer may
order stricken, from any pleadings, any
insufficient allegation or defense, or
any redundant, immaterial, imper-
tinent, or scandalous matter.

(e)

Motion to compel. Any party may

file a motion asking the hearing officer
to order any other party to produce
discovery requested in accordance with
§ 13.53 if—

(1) The other party has failed to

timely produce the requested dis-
covery; and

(2) The moving party certifies it has

in good faith conferred with the other
party in an attempt to obtain the re-
quested discovery prior to filing the
motion to compel.

(f)

Motion for protective order. The

hearing officer may order information
contained in anything filed, or in any

testimony given pursuant to this sub-
part withheld from public disclosure
when, in the judgment of the hearing
officer, disclosure would be detri-
mental to aviation safety; disclosure
would not be in the public interest; or
the information is not otherwise re-
quired to be made available to the pub-
lic. Any person may make written ob-
jection to the public disclosure of any
information, stating the ground for
such objection.

(g)

Other motions. Any application for

an order or ruling not otherwise pro-
vided for in this subpart must be made
by motion.

(h)

Responses to motions. Any party

may file a response to any motion
under this subpart within 10 days after
service of the motion.

§ 13.51

Intervention.

Any person may move for leave to in-

tervene in a proceeding and may be-
come a party thereto, if the hearing of-
ficer, after the case is sent to the hear-
ing officer for hearing, finds that the
person may be bound by the order to be
issued in the proceedings or has a prop-
erty or financial interest that may not
be adequately represented by existing
parties, and that the intervention will
not unduly broaden the issues or delay
the proceedings. Except for good cause
shown, a motion for leave to intervene
may not be considered if it is filed less
than 10 days before the hearing.

§ 13.53

Discovery.

(a)

Filing. Discovery requests and re-

sponses are not filed with the FAA
Hearing Docket unless in support of a
motion, offered for impeachment, or
other permissible circumstances as ap-
proved by the hearing officer.

(b)

Scope of discovery. Any party may

discover any matter that is not privi-
leged and is relevant to any party’s
claim or defense.

(c)

Time for response to written dis-

covery requests. (1) Written discovery
includes interrogatories, requests for
admission or stipulations, and requests
for production of documents.

(2) Unless otherwise directed by the

hearing officer, a party must serve its
response to a discovery request no
later than 30 days after service of the
discovery request.

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§ 13.59

(d)

Depositions. After the respondent

has filed a request for hearing and an
answer, either party may take testi-
mony by deposition.

(e)

Limits on discovery. The hearing of-

ficer may limit the frequency and ex-
tent of discovery upon a showing by a
party that—

(1) The discovery requested is cumu-

lative or repetitious;

(2) The discovery requested can be

obtained from another less burdensome
and more convenient source;

(3) The party requesting the informa-

tion has had ample opportunity to ob-
tain the information through other dis-
covery methods permitted under this
section; or

(4) The method or scope of discovery

requested by the party is unduly bur-
densome or expensive.

§ 13.55

Notice of hearing.

The hearing officer must set a rea-

sonable date, time, and location for the
hearing, and must give the parties ade-
quate notice thereof, and of the nature
of the hearing. Due regard must be
given to the convenience of the parties
with respect to the location of the
hearing.

§ 13.57

Subpoenas and witness fees.

(a)

Application. The hearing officer,

upon application by any party to the
proceeding, may issue subpoenas re-
quiring the attendance of witnesses or
the production of documents or tan-
gible things at a hearing or for the pur-
pose of taking depositions, as per-
mitted by law. The application for pro-
ducing evidence must show its general
relevance and reasonable scope. Absent
good cause shown, a party must file a
request for a subpoena at least:

(1) 15 days before a scheduled deposi-

tion under the subpoena; or

(2) 30 days before a scheduled hearing

where attendance at the hearing is
sought.

(b)

Procedure. A party seeking the

production of a document in the cus-
tody of an FAA employee must use the
discovery procedure found in § 13.53,
and if necessary, a motion to compel
under § 13.49. A party that applies for
the attendance of an FAA employee at
a hearing must send the application, in
writing, to the hearing officer. The ap-

plication must set forth the need for
that employee’s attendance.

(c)

Fees. Except for an employee of

the agency who appears at the direc-
tion of the agency, a witness who ap-
pears at a deposition or hearing is enti-
tled to the same fees and allowances as
provided for under 28 U.S.C. 1821. The
party who applies for a subpoena to
compel the attendance of a witness at
a deposition or hearing, or the party at
whose request a witness appears at a
deposition or hearing, must pay the
witness fees and allowances described
in this section.

(d)

Service of subpoenas. Any person

who is at least 18 years old and not a
party may serve a subpoena. Serving a
subpoena requires delivering a copy to
the named person. Except for the com-
plainant, the party that requested the
subpoena must tender at the time of
service the fees for 1 day’s attendance
and the allowances allowed by law if
the subpoena requires that person’s at-
tendance. Proving service, if necessary,
requires the filing with the FAA Hear-
ing Docket of a statement showing the
date and manner of service and the
names of the persons served. The server
must certify the statement.

(e)

Motion to quash or modify the sub-

poena. A party, or any person served
with a subpoena, may file a motion to
quash or modify the subpoena with the
hearing officer at or before the time
specified in the subpoena for compli-
ance. The movant must describe, in de-
tail, the basis for the application to
quash or modify the subpoena includ-
ing, but not limited to, a statement
that the testimony, document, or tan-
gible thing is not relevant to the pro-
ceeding, that the subpoena is not rea-
sonably tailored to the scope of the
proceeding, or that the subpoena is un-
reasonable and oppressive. A motion to
quash or modify the subpoena will stay
the effect of the subpoena pending a de-
cision by the hearing officer on the mo-
tion.

(f)

Enforcement of subpoena. If a per-

son disobeys a subpoena, a party may
apply to a U.S. district court to seek
judicial enforcement of the subpoena.