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14 CFR Ch. I (1–1–19 Edition)

§ 13.59

the custody of such an employee at a
hearing.

(b) A person who applies for the pro-

duction of a document in the custody
of an FAA employee must follow the
procedure in § 13.49(f). A person who ap-
plies for the attendance of an FAA em-
ployee must send the application, in
writing, to the Hearing Officer setting
forth the need for that employee’s at-
tendance.

this subpart is entitled to the same
fees and mileage as is paid to a witness
in a court of the United States under
comparable circumstances. The party
at whose instance the witness is sub-
poenaed or appears shall pay the wit-
ness fees.

(d) Notwithstanding the provisions of

paragraph (c) of this section, the FAA
pays the witness fees and mileage if the
Hearing Officer who issued the sub-
poena determines, on the basis of a
written request and good cause shown,
that—

(1) The presence of the witness will

materially advance the proceeding; and

(2) The party at whose instance the

witness is subpoenaed would suffer a
serious hardship if required to pay the
witness fees and mileage.

§ 13.59

Evidence.

(a) Each party to a hearing may

present the party’s case or defense by
oral or documentary evidence, submit
evidence in rebuttal, and conduct such
cross-examination as may be needed
for a full disclosure of the facts.

(b) Except with respect to affirma-

tive defenses and orders of denial, the
burden of proof is upon the FAA coun-
sel.

formation contained in any report or
document filed or in any testimony
given pursuant to this subpart with-
held from public disclosure when, in
the judgment of the Hearing Officer,
disclosure would adversely affect the
interests of any person and is not re-
quired in the public interest or is not
otherwise required by statute to be
made available to the public. Any per-
son may make written objection to the
public disclosure of such information,
stating the ground for such objection.

§ 13.61

Argument and submittals.

The Hearing Officer shall give the

parties adequate opportunity to
present arguments in support of mo-
tions, objections, and the final order.
The Hearing Officer may determine
whether arguments are to be oral or
written. At the end of the hearing the
Hearing Officer may, in the discretion
of the Hearing Officer, allow each party
to submit written proposed findings
and conclusions and supporting reasons
for them.

§ 13.63

Record.

The testimony and exhibits presented

at a hearing, together with all papers,
requests, and rulings filed in the pro-
ceedings are the exclusive basis for the
issuance of an order. Either party may
obtain a transcript from the official re-
porter upon payment of the fees fixed
therefor.

Subpart E—Orders of Compliance

Under the Hazardous Mate-
rials Transportation Act

§ 13.71

Applicability.

Whenever the Chief Counsel, the As-

sistant Chief Counsel, Enforcement,
the Assistant Chief Counsel, Europe,
Africa, and Middle East Area Office, or
a Regional Counsel has reason to be-
lieve that a person is engaging in the
transportation or shipment by air of
hazardous materials in violation of the
Hazardous Materials Transportation
Act, or any regulation or order issued
under it for which the FAA exercises
enforcement responsibility, and the
circumstances do not require the
issuance of an order of immediate com-
pliance, he may conduct proceedings
pursuant to section 109 of that Act (49
U.S.C. 1808) to determine the nature
and extent of the violation, and may
thereafter issue an order directing
compliance.

[Doc. No. 18884, 44 FR 63723, Nov. 5, 1979, as
amended by Amdt. 13–19, 54 FR 39290, Sept.
25, 1989; Amdt. 13–29, 62 FR 46866, Sept. 4,
1997]

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