title-14-part-16-sec16-211

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14 CFR Ch. I (1–1–24 Edition)

§ 16.209

and with the written approval of the
hearing officer.

(b) A person may submit a written

motion for leave to intervene as a
party. Except for good cause shown, a
motion for leave to intervene shall be
submitted not later than 10 days after
the notice of hearing and hearing
order.

intervention will not unduly broaden
the issues or delay the proceedings and,
if the person has an interest that will
benefit the proceedings, the hearing of-
ficer may grant a motion for leave to
intervene. The hearing officer may de-
termine the extent to which an inter-
venor may participate in the pro-
ceedings.

(d) Other persons may petition the

hearing officer for leave to participate
in the hearing. Participation is limited
to the filing of a posthearing brief and
reply to the hearing officer and the As-
sociate Administrator. Such a brief
shall be filed and served on all parties
in the same manner as the parties’
posthearing briefs are filed.

(e) Participation under this section is

at the discretion of the hearing officer,
and no decision permitting participa-
tion shall be deemed to constitute an
expression that the participant has
such a substantial interest in the pro-
ceeding as would entitle it to judicial
review of such decision.

[Amdt. 16–1, 78 FR 56146, Sept. 12, 2013]

§ 16.209

Extension of time.

(a)

Extension by oral agreement. The

parties may agree to extend for a rea-
sonable period of time for filing a docu-
ment under this part. If the parties
agree, the hearing officer shall grant
one extension of time to each party.
The party seeking the extension of
time shall submit a draft order to the
hearing officer to be signed by the
hearing officer and filed with the hear-
ing docket. The hearing officer may
grant additional oral requests for an
extension of time where the parties
agree to the extension.

(b)

Extension by motion. A party shall

file a written motion for an extension
of time with the hearing officer not
later than 7 days before the document
is due unless good cause for the late fil-
ing is shown. A party filing a written

motion for an extension of time shall
serve a copy of the motion on each
party.

(c)

Failure to rule. If the hearing offi-

cer fails to rule on a written motion for
an extension of time by the date the
document was due, the motion for an
extension of time is deemed denied.

(d)

Effect on time limits. In a hearing

required by section 519(b) of the Air-
port and Airways Improvement Act, as
amended in 1987, 49 U.S.C. 47106(e) and
47111(d), the due date for the hearing
officer’s initial decision and for the
final agency decision are extended by
the length of the extension granted by
the hearing officer only if the hearing
officer grants an extension of time as a
result of an agreement by the parties
as specified in paragraph (a) of this sec-
tion or, if the hearing officer grants an
extension of time as a result of the
sponsor’s failure to adhere to the hear-
ing schedule. In any other hearing, an
extension of time granted by the hear-
ing officer for any reason extends the
due date for the hearing officer’s ini-
tial decision and for the final agency
decision by the length of time of the
hearing officer’s decision.

§ 16.211

Prehearing conference.

(a)

Prehearing conference notice. The

hearing officer schedules a prehearing
conference and serves a prehearing con-
ference notice on the parties promptly
after being designated as a hearing of-
ficer.

(1) The prehearing conference notice

specifies the date, time, place, and
manner (in person or by telephone) of
the prehearing conference.

(2) The prehearing conference notice

may direct the parties to exchange pro-
posed witness lists, requests for evi-
dence and the production of documents
in the possession of another party, re-
sponses to interrogatories, admissions,
proposed procedural schedules, and pro-
posed stipulations before the date of
the prehearing conference.

(b)

The prehearing conference. The pre-

hearing conference is conducted by
telephone or in person, at the hearing
officer’s discretion. The prehearing
conference addresses matters raised in
the prehearing conference notice and

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§ 16.215

such other matters as the hearing offi-
cer determines will assist in a prompt,
full and fair hearing of the issues.

(c)

Prehearing conference report. At

the close of the prehearing conference,
the hearing officer rules on any re-
quests for evidence and the production
of documents in the possession of other
parties, responses to interrogatories,
and admissions; on any requests for
depositions; on any proposed stipula-
tions; and on any pending applications
for subpoenas as permitted by § 16.219.
In addition, the hearing officer estab-
lishes the schedule, which shall provide
for the issuance of an initial decision
not later than 110 days after issuance
of the Director’s Determination order
unless otherwise provided in the hear-
ing order.

[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as
amended at Amdt. 16–1, 78 FR 56147, Sept. 12,
2013]

§ 16.213

Discovery.

(a) Discovery is limited to requests

for admissions, requests for production
of documents, interrogatories, and
depositions as authorized by § 16.215.

(b) The hearing officer shall limit the

frequency and extent of discovery per-
mitted by this section if a party shows
that—

(1) The information requested is cu-

mulative or repetitious;

(2) The information requested may 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.

§ 16.215

Depositions.

(a)

General. For good cause shown,

the hearing officer may order that the
testimony of a witness may be taken
by deposition and that the witness
produce documentary evidence in con-
nection with such testimony. Gen-
erally, an order to take the deposition
of a witness is entered only if:

(1) The person whose deposition is to

be taken would be unavailable at the
hearing;

(2) The deposition is deemed nec-

essary to perpetuate the testimony of
the witness; or

(3) The taking of the deposition is

necessary to prevent undue and exces-
sive expense to a party and will not re-
sult in undue burden to other parties or
in undue delay.

(b)

Application for deposition. Any

party desiring to take the deposition of
a witness shall make application there-
for to the hearing officer in writing,
with a copy of the application served
on each party. The application shall in-
clude:

(1) The name and residence of the

witness;

(2) The time and place for the taking

of the proposed deposition;

(3) The reasons why such deposition

should be taken; and

(4) A general description of the mat-

ters concerning which the witness will
be asked to testify.

(c)

Order authorizing deposition. If

good cause is shown, the hearing offi-
cer, in his or her discretion, issues an
order authorizing the deposition and
specifying the name of the witness to
be deposed, the location and time of
the deposition and the general scope
and subject matter of the testimony to
be taken.

(d)

Procedures for deposition. (1) Wit-

nesses whose testimony is taken by
deposition shall be sworn or shall af-
firm before any questions are put to
them. Each question propounded shall
be recorded and the answers of the wit-
ness transcribed verbatim.

(2) Objections to questions or evi-

dence shall be recorded in the tran-
script of the deposition. The inter-
posing of an objection shall not relieve
the witness of the obligation to answer
questions, except where the answer
would violate a privilege.

(3) The written transcript shall be

subscribed by the witness, unless the
parties by stipulation waive the sign-
ing, or the witness is ill, cannot be
found, or refuses to sign. The reporter
shall note the reason for failure to
sign.

(e)

Depositions of agency employees. (1)

Depositions of Agency Employees will
not be allowed except under the provi-
sions of 49 CFR part 9.