title-14-part-13-sec13-65

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 Such order is not binding
precedent and is not subject to judicial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.

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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§ 13.67

(iv) Dismiss appeals upon request of

the appellant or by agreement of the
parties;

(v) Stay decisions and orders of the

Administrator, pending judicial review
or reconsideration by the Adminis-
trator;

(vi) Summarily dismiss repetitious or

frivolous petitions to reconsider or
modify orders;

(vii) Correct typographical, gram-

matical, and similar errors in the Ad-
ministrator’s decisions and orders, and
to make non-substantive editorial
changes; and

(viii) Take all other reasonable steps

deemed necessary and proper for the
management of the appeals process, in
accordance with this part and applica-
ble law.

(2) The Director’s authority in para-

graph (e)(1) of this section may be re-
delegated, as necessary, except to hear-
ing officers and others materially in-
volved in the hearing that is the sub-
ject of the appeal.

(f) Motions to reconsider the final

order of the Administrator must be
filed with the FAA Hearing Docket
within thirty days of service of the Ad-
ministrator’s order.

(g) Judicial review of the Adminis-

trator’s final order under this section
is provided in accordance with 49
U.S.C. 5127 or 46110, as applicable.

§ 13.67

Procedures for expedited pro-

ceedings.

(a) When an expedited administrative

hearing is requested in accordance with
§ 13.20(d), the procedures in this subpart
will apply except as provided in para-
graphs (a)(1) through (7) of this section.

(1) Service and filing of pleadings,

motions, and documents must be by
overnight delivery, and fax or email.
Responses to motions must be filed
within 7 days after service of the mo-
tion.

(2) Within 3 days after receipt of the

request for hearing, the agency must
file a copy of the notice of proposed ac-
tion, which serves as the complaint, to
the FAA Hearing Docket.

(3) Within 3 days after receipt of the

complaint, the person that requested
the hearing must file an answer to the
complaint. All allegations in the com-
plaint not specifically denied in the an-

swer are deemed admitted. Failure to
file a timely answer, absent a showing
of good cause, constitutes withdrawal
of the request for hearing.

(4) Within 3 days of the filing of the

complaint, the Director of the Office of
Adjudication will assign a hearing offi-
cer to preside over the matter.

(5) The parties must serve discovery

as soon as possible and set time limits
for compliance with discovery requests
that accommodate the accelerated ad-
judication schedule set forth in this
subpart. The hearing officer will re-
solve any failure of the parties to agree
to a discovery schedule.

(6) The expedited hearing must com-

mence within 40 days after the notice
of proposed action was issued.

(7) The hearing officer must issue an

oral decision and order dismissing, re-
versing, modifying, or affirming the
notice of proposed action at the close
of the hearing. If a notice of appeal is
not filed, such order is final with re-
spect to the parties and is not subject
to judicial review.

(b) Any party to the expedited hear-

ing may appeal from the initial deci-
sion of the hearing officer to the Ad-
ministrator by filing a notice of appeal
within 3 days after the date on which
the decision was issued. The time limi-
tations for the filing of documents for
appeals under this section will not be
extended by reason of the unavail-
ability of the hearing transcript.

(1) Any appeal to the Administrator

under this section must be perfected
within 7 days after the date the notice
of appeal was filed by filing a brief in
support of the appeal. Any reply to the
appeal brief must be filed within 7 days
after the date the appeal brief was
served on that party. The Adminis-
trator must issue an order deciding the
appeal no later than 80 days after the
date the notice of proposed action was
issued.

(2) The Administrator’s order is im-

mediately effective and constitutes the
final agency decision. The Administra-
tor’s order may be appealed pursuant
to 49 U.S.C. 46110. The filing of an ap-
peal under 49 U.S.C. 46110 does not stay
the effectiveness of the Administra-
tor’s order.

effective order is issued, the FAA may