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14 CFR Ch. I (1–1–24 Edition) 

§ 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. 

(c) Any person filing an appeal au-

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; 

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