107
Federal Aviation Administration, DOT
§ 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.
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