98
14 CFR Ch. I (1–1–24 Edition)
§ 16.15
Part 16 cases, indexes of decisions, con-
tact information for the FAA Hearing
Docket, the rules of practice, and other
information are available on the FAA
Office of Airports’ Web site at:
http://
part16.airports.faa.gov/index.cfm.
[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as
amended at Amdt. 16–1, 78 FR 56142, Sept. 12,
2013]
§ 16.15
Service of documents on the
parties and the agency.
Except as otherwise provided in this
part, documents shall be served as fol-
lows:
(a)
Whom must be served. Copies of all
documents filed with the FAA Part 16
Docket Clerk shall be served by the
persons filing them on all parties to
the proceeding. A certificate of service
shall accompany all documents when
they are tendered for filing and shall
certify concurrent service on the FAA
and all parties. Certificates of service
shall be in substantially the following
form:
I hereby certify that I have this day served
the foregoing [name of document] on the fol-
lowing persons at the following addresses,
facsimile numbers (if also served by fac-
simile), or email address (if served electroni-
cally in accordance with § 16.13(h)), by [speci-
fy method of service]:
[list persons, addresses, facsimile numbers,
email addresses (as applicable)]
Dated this
_
day of
_
, 20
_
.
[signature], for [party]
(b) Method of service. Except as oth-
erwise agreed by the parties and, if ap-
plicable, the hearing officer, the meth-
od of service is the same as set forth in
§ 16.13(b) for filing documents.
(c)
Where service shall be made. Serv-
ice shall be made to the persons identi-
fied in accordance with § 16.13(f). If no
such person has been designated, serv-
ice shall be made on the party.
(d)
Presumption of service. There shall
be a presumption of lawful service—
(1) When acknowledgment of receipt
is by a person who customarily or in
the ordinary course of business re-
ceives mail at the address of the party
or of the person designated under
§ 16.13(f);
(2) When a properly addressed enve-
lope, sent to the most current address
submitted under § 16.13(f), has been re-
turned as undeliverable, unclaimed, or
refused; or
(3) When the party serving the docu-
ment electronically has a confirmation
statement demonstrating that the
email was properly sent to a party cor-
rectly addressed.
(e)
Date of service. The date of service
shall be determined in the same man-
ner as the filing date under § 16.13(b).
[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as
amended at Amdt. 16–1, 78 FR 56143, Sept. 12,
2013]
§ 16.17
Computation of time.
This section applies to any period of
time prescribed or allowed by this part,
by notice or order of the hearing offi-
cer, or by an applicable statute.
(a) The date of an act, event, or de-
fault, after which a designated time pe-
riod begins to run, is not included in a
computation of time under this part.
(b) The last day of a time period is
included in a computation of time un-
less it is a Saturday, Sunday, or legal
holiday for the FAA, in which case, the
time period runs until the end of the
next day that is not a Saturday, Sun-
day, or legal holiday.
(c) Whenever a party has the right or
is required to do some act within a pre-
scribed period after service of a docu-
ment upon the party, and the docu-
ment is served on the party by first
class mail or certified mail, 5 days
shall be added to the prescribed period.
[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as
amended at Amdt. 16–1, 78 FR 56143, Sept. 12,
2013]
§ 16.19
Motions.
(a)
General. An application for an
order or ruling not otherwise specifi-
cally provided for in this part shall be
by motion. Unless otherwise ordered by
the agency, the filing of a motion will
not stay the date that any action is
permitted or required by this part.
(b)
Form and contents. Unless made
during a hearing, motions shall be
made in writing, shall state with par-
ticularity the relief sought and the
grounds for the relief sought, and shall
be accompanied by affidavits or other
evidence relied upon. Motions intro-
duced during hearings may be made
orally on the record, unless the hearing
officer directs otherwise.
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