spaschal on DSK3GDR082PROD with CFR

Federal Aviation Administration, DOT

Section 13.57

Section 13.47 Withdrawal of notice or request
for hearing.
At any time before the hearing, the
FAA counsel may withdraw the notice
of proposed action, and the party requesting the hearing may withdraw the
request for hearing.

Any objection that is not so raised is
considered to be waived.
(h) Answers to motions. Any party
may file an answer to any motion
under this section within 5 days after
service of the motion.

Section 13.49 Motions.
(a) Motion to dismiss for insufficiency.
A respondent who requests a formal
hearing may, in place of an answer, file
a motion to dismiss for failure of the
allegations in the notice of proposed
action to state a violation of the FA
Act or of this chapter or to show lack
of qualification of the respondent. If
the Hearing Officer denies the motion,
the respondent shall file an answer
within 10 days.
(b) [Reserved]
(c) Motion for more definite statement.
The certificate holder may, in place of
an answer, file a motion that the allegations in the notice be made more
definite and certain. If the Hearing Officer grants the motion, the FAA counsel shall comply within 10 days after
the date it is granted. If the Hearing
Officer denies the motion the certificate holder shall file an answer within
10 days after the date it is denied.
(d) Motion for judgment on the pleadings. After the pleadings are closed, either party may move for a judgment on
the pleadings.
(e) Motion to strike. Upon motion of
either party, the Hearing Officer may
order stricken, from any pleadings, any
insufficient allegation or defense, or
any immaterial, impertinent, or scandalous matter.
(f) Motion for production of documents.
Upon motion of any party showing
good cause, the Hearing Officer may, in
the manner provided by Rule 34, Federal Rules of Civil Procedure, order any
party to produce any designated document, paper, book, account, letter,
photograph, object, or other tangible
thing, that is not privileged, that constitutes or contains evidence relevant
to the subject matter of the hearings,
and that is in the party-s possession,
custody, or control.
(g) Consolidation of motions. A party
who makes a motion under this section
shall join with it all other motions
that are then available to the party.

Any person may move for leave to intervene in a proceeding and may become a party thereto, if the Hearing
Officer, after the case is sent to the
Hearing Officer for hearing, finds that
the person may be bound by the order
to be issued in the proceedings or has a
property or financial interest that may
not be adequately represented by existing parties, and that the intervention
will not unduly broaden the issues or
delay the proceedings. Except for good
cause shown, a motion for leave to intervene may not be considered if it is
filed less than 10 days before the hearing.

Section 13.51

Section 13.53

Intervention.

Depositions.

After the respondent has filed a request for hearing and an answer, either
party may take testimony by deposition in accordance with section 1004 of
the Federal Aviation Act of 1958 (49
U.S.C. 1484) or Rule 26, Federal Rules of
Civil Procedure.
Section 13.55

Notice of hearing.

The Hearing Officer shall set a reasonable date, time, and place for the
hearing, and shall give the parties adequate notice thereof and of the nature
of the hearing. Due regard shall be
given to the convenience of the parties
with respect to the place of the hearing.
Section 13.57

Subpoenas and witness fees.

(a) The Hearing Officer to whom a
case is assigned may, upon application
by any party to the proceeding, issue
subpoenas requiring the attendance of
witnesses or the production of documentary or tangible evidence at a hearing or for the purpose of taking depositions. However, the application for producing evidence must show its general
relevance and reasonable scope. This
paragraph does not apply to the attendance of FAA employees or to the
production of documentary evidence in

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