113
Federal Aviation Administration, DOT
Pt. 17
(3) Ex parte communications regard-
ing solely matters of agency procedure
or practice are not prohibited by this
section.
[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996. Re-
designated at Amdt. 16–1, 78 FR 56148, Sept.
12, 2013]
§ 16.303
Procedures for handling ex
parte communications.
A decisional employee who receives
or who makes or knowingly causes to
be made a communication prohibited
by § 16.303 shall place in the public
record of the proceeding:
(a) All such written communications;
(b) Memoranda stating the substance
of all such oral communications; and
(c) All written responses, and memo-
randa stating the substance of all oral
responses, to the materials described in
paragraphs (a) and (b) of this section.
[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996. Re-
designated at Amdt. 16–1, 78 FR 56148, Sept.
12, 2013]
§ 16.305
Requirement to show cause
and imposition of sanction.
(a) Upon receipt of a communication
knowingly made or knowingly caused
to be made by a party in violation of
§ 16.303, the Associate Administrator or
his designee or the hearing officer may,
to the extent consistent with the inter-
ests of justice and the policy of the un-
derlying statutes, require the party to
show cause why his or her claim or in-
terest in the proceeding should not be
dismissed, denied, disregarded, or oth-
erwise adversely affected on account of
such violation.
(b) The Associate Administrator
may, to the extent consistent with the
interests of justice and the policy of
the underlying statutes administered
by the FAA, consider a violation of
this subpart sufficient grounds for a de-
cision adverse to a party who has
knowingly committed such violation or
knowingly caused such violation to
occur.
[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996. Re-
designated at Amdt. 16–1, 78 FR 56148, Sept.
12, 2013]
PART 17—PROCEDURES FOR PRO-
TESTS AND CONTRACT DISPUTES
Subpart A—General
Sec.
17.1
Applicability.
17.3
Definitions.
17.5
Delegation of authority.
17.7
Filing and computation of time.
17.9
Protective orders.
Subpart B—Protests
17.11
Matters not subject to protest.
17.13
Dispute resolution process for pro-
tests.
17.15
Filing a protest.
17.17
Initial protest procedures.
17.19
Motions practice and dismissal or
summary decision of protests.
17.21
Adjudicative Process for protests.
17.23
Protest remedies.
Subpart C—Contract Disputes
17.25
Dispute resolution process for con-
tract disputes.
17.27
Filing a contract dispute.
17.29
Informal resolution period.
17.31
Dismissal or summary decision of con-
tract disputes.
17.33
Adjudicative Process for contract dis-
putes.
Subpart D—Alternative Dispute Resolution
17.35
Use of alternative dispute resolution.
17.37
Election of alternative dispute resolu-
tion process.
17.39
Confidentiality of ADR.
Subpart E—Finality and Review
17.41
Final orders.
17.43
Judicial review.
17.45
Conforming amendments.
17.47
Reconsideration.
Subpart F—Other Matters
17.49
Sanctions.
17.51
Decorum and professional conduct.
17.53
Orders and subpoenas for testimony
and document production.
17.55
Standing orders of the ODRA director.
Subpart G—Pre-Disputes
17.57
Dispute resolution process for Pre-dis-
putes.
17.59
Filing a Pre-dispute.
17.61
Use of alternative dispute resolution.
A
PPENDIX
A
TO
P
ART
17—A
LTERNATIVE
D
IS
-
PUTE
R
ESOLUTION
(ADR)
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