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14 CFR Ch. I (1–1–19 Edition)

§ 13.37

hearing is requested. A copy of the re-
quest for hearing and a copy of the an-
swer required by paragraph (c) of this
section must be served on the official
who issued the notice of proposed ac-
tion.

posed action must be filed with the re-
quest for hearing. All allegations in the
notice not specifically denied in the
answer are deemed admitted.

(d) Within 15 days after service of the

copy of the request for hearing, the of-
ficial who issued the notice of proposed
action forwards a copy of that notice,
which serves as the complaint, to the
Hearing Docket.

[Doc. No. 18884, 44 FR 63723, Nov. 5, 1979, as
amended by Amdt. 13–19, 54 FR 39290, Sept.
25, 1989; 71 FR 70464, Dec. 5, 2006]

§ 13.37

Hearing Officer’s powers.

Any Hearing Officer may—
(a) Give notice concerning, and hold,

prehearing conferences and hearings;

(b) Administrator oaths and affirma-

tions;

sion of evidence in written form;

(e) Issue subpoenas and take deposi-

tions or cause them to be taken;

(f) Rule on offers of proof;
(g) Receive evidence;
(h) Regulate the course of the hear-

ing;

(i) Hold conferences, before and dur-

ing the hearing, to settle and simplify
issues by consent of the parties;

(j) Dispose of procedural requests and

similar matters; and

(k) Issue decisions, make findings of

fact, make assessments, and issue or-
ders, as appropriate.

§ 13.39

Disqualification of Hearing Of-

ficer.

If disqualified for any reason, the

Hearing Officer shall withdraw from
the case.

§ 13.41

[Reserved]

§ 13.43

Service and filing of pleadings,

motions, and documents.

(a) Copies of all pleadings, motions,

and documents filed with the Hearing
Docket must be served upon all parties

to the proceedings by the person filing
them.

(b) Service may be made by personal

delivery or by mail.

company all documents when they are
tendered for filing and shall consist of
a certificate of personal delivery or a
certificate of mailing, executed by the
person making the personal delivery or
mailing the document.

(d) Whenever proof of service by mail

is made, the date of mailing or the date
as shown on the postmark shall be the
date of service, and where personal
service is made, the date of personal
delivery shall be the date of service.

(e) The date of filing is the date the

document is actually received.

§ 13.44

Computation of time and exten-

sion of time.

(a) In computing any period of time

prescribed or allowed by this subpart,
the date of the act, event, default, no-
tice or order after which the designated
period of time begins to run is not to
be included in the computation. The
last day of the period so computed is to
be included unless it is a Saturday,
Sunday, or legal holiday for the FAA,
in which event the period runs until
the end of the next day which is nei-
ther a Saturday, Sunday nor a legal
holiday.

(b) Upon written request filed with

the Hearing Docket and served upon all
parties, and for good cause shown, a
Hearing Officer may grant an extension
of time to file any documents specified
in this subpart.

§ 13.45

Amendment of notice and an-

swer.

At any time more than 10 days before

the date of hearing, any party may
amend his or her notice, answer, or
other pleading, by filing the amend-
ment with the Hearing Officer and
serving a copy of it on each other
party. After that time, amendments
may be allowed only in the discretion
of the Hearing Officer. If an amend-
ment to an initial pleading has been al-
lowed, the Hearing Officer shall allow
the other parties a reasonable oppor-
tunity to answer.

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