85
Federal Aviation Administration, DOT
§ 14.21
(b) The net worth exhibit shall de-
scribe any transfers of assets from, or
obligations incurred by, the applicant
or any affiliate, occurring in the one-
year period prior to the date on which
the proceeding was initiated, that re-
duced the net worth of the applicant
and its affiliates below the applicable
net worth ceiling. If there were no such
transactions, the applicant shall so
state.
(c) Ordinarily, the net worth exhibit
will be included in the public record of
the proceeding. However, an applicant
that objects to public disclosure of the
net worth exhibit, or any part of it,
may submit that portion of the exhibit
directly to the ALJ or adjudicative of-
ficer in a sealed envelope labeled
‘‘Confidential Financial Information,’’
accompanied by a motion to withhold
the information.
(1) The motion shall describe the in-
formation sought to be withheld and
explain, in detail, why it should be ex-
empt under applicable law or regula-
tion, why public disclosure would ad-
versely affect the applicant, and why
disclosure is not required in the public
interest.
(2) The net worth exhibit shall be
served on the FAA counsel, but need
not be served on any other party to the
proceeding.
(3) If the ALJ or adjudicative officer
finds that the net worth exhibit, or any
part of it, should not be withheld from
disclosure, it shall be placed in the
public record of the proceeding. Other-
wise, any request to inspect or copy
the exhibit shall be disposed of in ac-
cordance with the FAA’s established
procedures.
[54 FR 46199, Nov. 1, 1989, as amended by
Amdt. 14–03, 64 FR 32935, June 18, 1999]
§ 14.12
Documentation of fees and ex-
penses.
The application shall be accompanied
by full documentation of the fees and
expenses, including the cost of any
study, analysis, engineering report,
test, project or similar matter, for
which an award is sought. A separate
itemized statement shall be submitted
for each professional firm or individual
whose services are covered by the ap-
plication, showing the hours spent in
connection with the proceedings by
each individual, a description of the
specific services performed, the rate at
which each fee has been computed, any
expenses for which reimbursement is
sought, the total amount claimed, and
the total amount paid or payable by
the applicant or by any other person or
entity for the services provided. The
administrative law judge may require
the applicant to provide vouchers, re-
ceipts, or other substantiation for any
expenses claimed.
Subpart C—Procedures for
Considering Applications
§ 14.20
When an application may be
filed.
(a) An application may be filed when-
ever the applicant has prevailed in the
proceeding, but in no case later than 30
days after the FAA Decisionmaker’s
final disposition of the proceeding, or
service of the order of the Adminis-
trator in a proceeding under the AMS.
(b) If review or reconsideration is
sought or taken of a decision to which
an applicant believes it has prevailed,
proceedings for the award of fees shall
be stayed pending final disposition of
the underlying controversy.
(c) For purposes of this part, final
disposition means the later of:
(1) Under part 17 of this chapter and
the AMS, the date on which the order
of the Administrator is served;
(2) The date on which an unappealed
initial decision becomes administra-
tively final;
(3) Issuance of an order disposing of
any petitions for reconsideration of the
FAA Decisionmaker’s final order in the
proceeding;
(4) If no petition for reconsideration
is filed, the last date on which such a
petition could have been filed; or
(5) Issuance of a final order or any
other final resolution of a proceeding,
such as a settlement or voluntary dis-
missal, which is not subject to a peti-
tion for reconsideration.
[54 FR 46199, Nov. 1, 1989, as amended by
Amdt. 14–03, 64 FR 32936, June 18, 1999]
§ 14.21
Filing and service of docu-
ments.
Any application for an award or
other pleading or document related to
an application shall be filed and served
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