67 

Federal Aviation Administration, DOT 

§ 13.218 

(2) Less than 15 days before the 

scheduled date of a hearing, the admin-
istrative law judge may allow amend-
ment of a complaint or an answer only 
for good cause shown in a motion to 
amend. 

(c) 

Responses. 

The administrative law 

judge shall allow a reasonable time, 
but not more than 20 days from the 
date of filing, for other parties to re-
spond if an amendment to a complaint, 
answer, or other pleading has been filed 
with the administrative law judge. 

§ 13.215

Withdrawal of complaint or 

request for hearing. 

At any time before or during a hear-

ing, an agency attorney may withdraw 
a complaint or a party may withdraw a 
request for a hearing without the con-
sent of the administrative law judge. If 
an agency attorney withdraws the 
complaint or a party withdraws the re-
quest for a hearing and the answer, the 
administrative law judge shall dismiss 
the proceedings under this subpart 
with prejudice. 

§ 13.216

Waivers. 

Waivers of any rights provided by 

statute or regulation shall be in writ-
ing or by stipulation made at a hearing 
and entered into the record. The par-
ties shall set forth the precise terms of 
the waiver and any conditions. 

§ 13.217

Joint procedural or discovery 

schedule. 

(a) 

General. 

The parties may agree to 

submit a schedule for filing all pre-
hearing motions, a schedule for con-
ducting discovery in the proceedings, 
or a schedule that will govern all pre-
hearing motions and discovery in the 
proceedings. 

(b) 

Form and content of schedule. 

If the 

parties agree to a joint procedural or 
discovery schedule, one of the parties 
shall file the joint schedule with the 
administrative law judge, setting forth 
the dates to which the parties have 
agreed, and shall serve a copy of the 
joint schedule on each party. 

(1) The joint schedule may include, 

but need not be limited to, requests for 
discovery, any objections to discovery 
requests, responses to discovery re-
quests to which there are no objec-
tions, submission of prehearing mo-

tions, responses to prehearing motions, 
exchange of exhibits to be introduced 
at the hearing, and a list of witnesses 
that may be called at the hearing. 

(2) Each party shall sign the original 

joint schedule to be filed with the ad-
ministrative law judge. 

(c) 

Time. 

The parties may agree to 

submit all prehearing motions and re-
sponses and may agree to close dis-
covery in the proceedings under the 
joint schedule within a reasonable time 
before the date of the hearing, but not 
later than 15 days before the hearing. 

(d) 

Order establishing joint schedule. 

The administrative law judge shall ap-
prove the joint schedule filed by the 
parties. One party shall submit a draft 
order establishing a joint schedule to 
the administrative law judge to be 
signed by the administrative law judge 
and filed with the hearing docket 
clerk. 

(e) 

Disputes. 

The administrative law 

judge shall resolve disputes regarding 
discovery or disputes regarding compli-
ance with the joint schedule as soon as 
possible so that the parties may con-
tinue to comply with the joint sched-
ule. 

(f) 

Sanctions for failure to comply with 

joint schedule. 

If a party fails to comply 

with the administrative law judge’s 
order establishing a joint schedule, the 
administrative law judge may direct 
that party to comply with a motion to 
discovery request or, limited to the ex-
tent of the party’s failure to comply 
with a motion or discovery request, the 
administrative law judge may: 

(1) Strike that portion of a party’s 

pleadings; 

(2) Preclude prehearing or discovery 

motions by that party; 

(3) Preclude admission of that por-

tion of a party’s evidence at the hear-
ing, or 

(4) Preclude that portion of the testi-

mony of that party’s witnesses at the 
hearing. 

§ 13.218

Motions. 

(a) 

General. 

A party applying for an 

order or ruling not specifically pro-
vided in this subpart shall do so by mo-
tion. A party shall comply with the re-
quirements of this section when filing 
a motion with the administrative law 

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