title-14-part-13-sec13-59

Federal Aviation Administration, DOT

§ 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.

§ 13.59

Evidence.

(a) Each party to a hearing may

present the party’s case or defense by

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§ 13.61

oral or documentary evidence, submit
evidence in rebuttal, and conduct such
cross-examination as may be needed
for a full disclosure of the facts.

(b) Except with respect to affirma-

tive defenses and notices of proposed
denial, the burden of proof is upon the
complainant.

§ 13.61

Argument and submittals.

The hearing officer must give the

parties adequate opportunity to
present arguments in support of mo-
tions, objections, and the final order.
The hearing officer may determine
whether arguments are to be oral or
written. At the end of the hearing, the
hearing officer may allow each party to
submit written proposed findings and
conclusions and supporting reasons for
them.

§ 13.63

Record, decision, and aircraft

registration proceedings.

(a)

The record. (1) The testimony and

exhibits admitted at a hearing, to-
gether with all papers, requests, and
rulings filed in the proceedings, are the
exclusive basis for the issuance of the
hearing officer’s decision.

(2) On appeal to the Administrator,

the record shall include all of the infor-
mation identified in paragraph (a)(1) of
this section and evidence proffered but
not admitted at the hearing.

(3) Any party may obtain a transcript

of the hearing from the official re-
porter upon payment of the required
fees.

(b)

Hearing officer’s decision. The deci-

sion by the hearing officer must in-
clude findings of fact based on the
record, conclusions of law, and an ap-
propriate order.

(c)

Certain aircraft registration pro-

ceedings. If the hearing officer deter-
mines that an aircraft is ineligible for
a certificate of aircraft registration in
proceedings relating to aircraft reg-
istration orders suspending or revoking
a certificate of registration under
§ 13.20, the hearing officer may suspend
or revoke the aircraft registration cer-
tificate.

§ 13.65

Appeal to the Administrator,

reconsideration, and judicial re-
view.

(a) Any party to a hearing may ap-

peal from the order of the hearing offi-
cer by filing with the FAA Hearing
Docket a notice of appeal to the Ad-
ministrator within 20 days after the
date of issuance of the order. Filing
and service of the notice of appeal, and
any other papers, are accomplished ac-
cording to the procedures in § 13.43.

(b) If a notice of appeal is not filed

from the order issued by a hearing offi-
cer, such order is final with respect to
the parties. Such order is not binding
precedent and is not subject to judicial
review.

thorized by paragraph (a) of this sec-
tion must file an appeal brief with the
Administrator within 40 days after the
date of issuance of the order, and serve
a copy on the other party. A reply brief
must be filed within 40 days after serv-
ice of the appeal brief and a copy
served on the appellant.

(d) On appeal, the Administrator re-

views the record of the proceeding and
issues an order dismissing, reversing,
modifying or affirming the order. The
Administrator’s order includes the rea-
sons for the Administrator’s action.
The Administrator considers only
whether:

(1) Each finding of fact is supported

by a preponderance of the reliable, pro-
bative, and substantial evidence;

(2) Each conclusion is made in ac-

cordance with law, precedent, and pol-
icy; and

(3) The hearing officer committed

any prejudicial error.

(e) The Director and legal personnel

of the Office of Adjudication serve as
the advisors to the Administrator for
appeals under this section.

(1) The Director has the authority to:
(i) Manage all or portions of indi-

vidual appeals; and to prepare written
decisions and proposed final orders in
such appeals;

(ii) Issue procedural and other inter-

locutory orders aimed at proper and ef-
ficient appeal management, including,
without limitation, scheduling and
sanctions orders;

(iii) Grant or deny motions to dis-

miss appeals;