Federal Aviation Administration, DOT

Section 13.218

(2) Less than 15 days before the
scheduled date of a hearing, the administrative law judge may allow amendment 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 respond if an amendment to a complaint,
answer, or other pleading has been filed
with the administrative law judge.

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 administrative law judge.
(c) Time. The parties may agree to
submit all prehearing motions and responses and may agree to close discovery 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 approve 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 compliance with the joint schedule as soon as
possible so that the parties may continue to comply with the joint schedule.
(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 extent 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 portion of a party-s evidence at the hearing, or
(4) Preclude that portion of the testimony of that party-s witnesses at the
hearing.

Section 13.215 Withdrawal of complaint or
request for hearing.
At any time before or during a hearing, an agency attorney may withdraw
a complaint or a party may withdraw a
request for a hearing without the consent of the administrative law judge. If
an agency attorney withdraws the
complaint or a party withdraws the request for a hearing and the answer, the
administrative law judge shall dismiss
the proceedings under this subpart
with prejudice.

spaschal on DSK3GDR082PROD with CFR

Section 13.216 Waivers.
Waivers of any rights provided by
statute or regulation shall be in writing or by stipulation made at a hearing
and entered into the record. The parties shall set forth the precise terms of
the waiver and any conditions.
Section 13.217 Joint procedural or discovery
schedule.
(a) General. The parties may agree to
submit a schedule for filing all prehearing motions, a schedule for conducting discovery in the proceedings,
or a schedule that will govern all prehearing 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 requests to which there are no objections, submission of prehearing mo-

Section 13.218

Motions.

(a) General. A party applying for an
order or ruling not specifically provided in this subpart shall do so by motion. A party shall comply with the requirements of this section when filing
a motion with the administrative law

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