100
14 CFR Ch. I (1–1–24 Edition)
§ 16.25
(2) Include all documents then avail-
able in the exercise of reasonable dili-
gence, to be offered in support of the
complaint, and to be served upon all
persons named in the complaint as per-
sons responsible for the alleged ac-
tion(s) or omission(s) upon which the
complaint is based;
(3) Provide a concise but complete
statement of the facts relied upon to
substantiate each allegation; and
(4) Except for complaints filed under
49 CFR 26.105(c), describe how the com-
plainant was directly and substantially
affected by the things done or omitted
to be done by the respondents.
(c) Unless the complaint is dismissed
pursuant to § 16.25 or § 16.27, the FAA
notifies the complainant and respond-
ent in writing within 20 days after the
date the FAA receives the complaint
that the complaint has been docketed.
(d) The respondent shall file an an-
swer within 20 days of the date of serv-
ice of the FAA notification or, if a mo-
tion is filed under § 16.26, within 20 days
of the date of service of an FAA order
denying all or part of that motion.
(e) The complainant may file a reply
within 10 days of the date of service of
the answer.
(f) The respondent may file a rebuttal
within 10 days of the date of service of
the complainant’s reply.
(g) The answer, reply, and rebuttal
shall, like the complaint, be accom-
panied by supporting documentation
upon which the parties rely.
(h) The answer shall deny or admit
the allegations made in the complaint
or state that the person filing the doc-
ument is without sufficient knowledge
or information to admit or deny an al-
legation, and shall assert any affirma-
tive defense.
(i) The answer, reply, and rebuttal
shall each contain a concise but com-
plete statement of the facts relied upon
to substantiate the answers, admis-
sions, denials, or averments made.
(j) Amendments or supplements to
the pleadings described in this section
will not be allowed without showing
good cause through a motion and sup-
porting documents.
(k)
Burden of proof. Except as used in
subpart F of this part,
(1) The burden of proof is on the com-
plainant to show noncompliance with
an Act or any regulation, order, agree-
ment or document of conveyance
issued under the authority of an Act.
(2) Except as otherwise provided by
statute or rule, the proponent of a mo-
tion, request, or order has the burden
of proof.
(3) A party who has asserted an af-
firmative defense has the burden of
proving the affirmative defense.
(l) Except for good cause shown
through motion and supporting docu-
ments, discovery is not permitted ex-
cept as provided in §§ 16.213 and 16.215.
[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as
amended at Amdt. 16–1, 78 FR 56143, Sept. 12,
2013]
§ 16.25
Dismissals.
(a) Within 20 days after the receipt of
the complaint, unless a motion has
been filed under § 16.26, the Director
will dismiss a complaint, or any claim
made in a complaint, with prejudice if:
(1) It appears on its face to be outside
the jurisdiction of the Administrator
under the Acts listed in § 16.1;
(2) On its face it does not state a
claim that warrants an investigation
or further action by the FAA; or
(3) The complainant lacks standing
to file a complaint under §§ 16.3 and
16.23.
(b) A dismissal under this section
will include the reasons for the dis-
missal.
[Amdt. 16–1, 78 FR 56144, Sept. 12, 2013]
§ 16.26
Motions to dismiss and motions
for summary judgment.
(a) In lieu of an answer, the respond-
ent may file a motion to dismiss the
complaint or a motion for summary
judgment on the complaint. The re-
spondent may move for dismissal of the
entire complaint or move for dismissal
of particular issues from adjudication.
The motion must be filed within 20
days after the date of service of the
FAA notification of docketing.
(b)
Motions to dismiss. (1) A motion to
dismiss shall be accompanied by a con-
cise statement of the reasons for seek-
ing dismissal. The respondent must
show that the complaint should be dis-
missed, with prejudice, if:
(i) It appears on its face to be outside
the jurisdiction of the Administrator
under the Acts listed in § 16.1;
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