Federal Aviation Administration, DOT

Section 13.211
of service, the date shown on the postmark if there is no certificate of service, or other mailing date shown by
other evidence if there is no certificate
of service or postmark.
(c) Form. Each document shall be
typewritten or legibly handwritten.
(d) Contents. Unless otherwise specified in this subpart, each document
must contain a short, plain statement
of the facts on which the person-s case
rests and a brief statement of the action requested in the document.
(e) Internet accessibility of documents
filed in the Hearing Docket. (1) Unless
protected from public disclosure by an
order of the ALJ under 13.226, all documents filed in the Hearing Docket are
accessible through the Federal Docket
Management System (FDMS): http://
www.regulations.gov. To access a particular case file, use the FDMS number
assigned to the case.
(2) Decisions and orders issued by the
Administrator in civil penalty cases,
indexes of decisions, contact information for the FAA Hearing Docket and
the administrative law judges, the
rules of practice, and other information are available on the FAA civil
penalty adjudication Web site at: http://
www.faa.gov/about/officelorg/
headquartersloffices/agc/
polladjudication/AGC400/CivillPenalty.

Hearing Docket at the appropriate address set forth in Section 13.210(a) of this subpart. The person filing an answer
should suggest a location for the hearing when filing the answer.
(c) Service. A person filing an answer
shall serve a copy of the answer on the
agency attorney who filed the complaint.
(d) Contents. An answer shall specifically state any affirmative defense
that the respondent intends to assert
at the hearing. A person filing an answer may include a brief statement of
any relief requested in the answer.
(e) Specific denial of allegations required. A person filing an answer shall
admit, deny, or state that the person is
without sufficient knowledge or information to admit or deny, each numbered paragraph of the complaint. Any
statement or allegation contained in
the complaint that is not specifically
denied in the answer may be deemed an
admission of the truth of that allegation. A general denial of the complaint
is deemed a failure to file an answer.
(f) Failure to file answer. A person-s
failure to file an answer without good
cause shall be deemed an admission of
the truth of each allegation contained
in the complaint.

spaschal on DSK3GDR082PROD with CFR

[Doc. No. 18884, 44 FR 63723, Nov. 5, 1979, as
amended at 70 FR 8238, Feb. 18, 2005]

[Amdt. 13-21, 55 FR 27575, July 3, 1990; 55 FR
29293, July 18, 1990, as amended at 70 FR 8238,
Feb. 18, 2005; 71 FR 70464, Dec. 5, 2006; 72 FR
14668, Mar. 29, 2007; 72 FR 68474, Dec. 5, 2007]

Section 13.210 Filing of documents.
(a) Address and method of filing. A person tendering a document for filing
shall personally deliver or mail the
signed original and one copy of each
document to the Hearing Docket using
the appropriate address:
(1) If delivery is in person, or via expedited courier service: Federal Aviation
Administration, 600 Independence Avenue, SW., Wilbur Wright Building - 
Suite 2W1000, Washington, DC 20591;
Attention: Hearing Docket Clerk,
AGC-430.
(2) If delivery is via U.S. Mail: Federal
Aviation Administration, 800 Independence Avenue, SW., Washington, DC
20591; Attention: Hearing Docket Clerk,
AGC-430, Wilbur Wright Building - 
Suite 2W1000.
(b) Date of filing. A document shall be
considered to be filed on the date of
personal delivery; or if mailed, the
mailing date shown on the certificate

Section 13.211 Service of documents.
(a) General. A person shall serve a
copy of any document filed with the
Hearing Docket on each party at the
time of filing. Service on a party-s attorney of record or a party-s designated
representative may be considered adequate service on the party.
(b) Type of service. A person may
serve documents by personal delivery
or by mail.
(c) Certificate of service. A person may
attach a certificate of service to a document tendered for filing with the
hearing docket clerk. A certificate of
service shall consist of a statement,
dated and signed by the person filing
the document, that the document was
personally delivered or mailed to each
party on a specific date.

65

VerDate Sep<11>2014

12:50 Apr 30, 2019

Jkt 247046

PO 00000

Frm 00075

Fmt 8010

Sfmt 8010

Y:\SGML\247046.XXX

247046