spaschal on DSK3GDR082PROD with CFR

Section 13.218

14 CFR Ch. I (1-1-19 Edition)
(1) Motion to dismiss for insufficiency.
A respondent may file a motion to dismiss the complaint for insufficiency instead of filing an answer. If the administrative law judge denies the motion
to dismiss the complaint for insufficiency, the respondent shall file an answer not later than 10 days after service of the administrative law judge-s
denial of the motion.A motion to dismiss the complaint for insufficiency
must show that the complaint fails to
state a violation of a provision of the
Federal aviation statute listed in the
first sentence in 49 U.S.C. 46301(d)(2) or
in 49 U.S.C. 47531, or any implementing
rule, regulation, or order, or a violation of the Federal hazardous materials
transportation statute, 49 U.S.C. 5121-
5128, or any implementing rule, regulation or order.
(2) Motion to dismiss. A party may file
a motion to dismiss, specifying the
grounds for dismissal. If an administrative law judge grants a motion to dismiss in part, a party may appeal the
administrative law judge-s ruling on
the motion to dismiss under Section 13.219(b)
of this subpart.
(i) Motion to dismiss a request for a
hearing. An agency attorney may file a
motion to dismiss a request for a hearing instead of filing a complaint. If the
motion to dismiss is not granted, the
agency attorney shall file the complaint and shall serve a copy of the
complaint on each party not later than
10 days after service of the administrative law judge-s ruling or order on the
motion to dismiss. If the motion to dismiss is granted and the proceedings are
terminated without a hearing, the respondent may file an appeal pursuant
to Section 13.233 of this subpart. If required by
the decision on appeal, the agency attorney shall file a complaint and shall
serve a copy of the complaint on each
party not later than 10 days after service of the decision on appeal.
(ii) Motion to dismiss a complaint. A respondent may file a motion to dismiss
a complaint instead of filing an answer.
If the motion to dismiss is not granted,
the respondent shall file an answer and
shall serve a copy of the answer on
each party not later than 10 days after
service of the administrative law
judge-s ruling or order on the motion
to dismiss. If the motion to dismiss is

judge. A party shall serve a copy of
each motion on each party.
(b) Form and contents. A party shall
state the relief sought by the motion
and the particular grounds supporting
that relief. If a party has evidence in
support of a motion, the party shall attach any supporting evidence, including affidavits, to the motion.
(c) Filing of motions. A motion made
prior to the hearing must be in writing.
Unless otherwise agreed by the parties
or for good cause shown, a party shall
file any prehearing motion, and shall
serve a copy on each party, not later
than 30 days before the hearing. Motions introduced during a hearing may
be made orally on the record unless the
administrative law judge directs otherwise.
(d) Answers to motions. Any party may
file an answer, with affidavits or other
evidence in support of the answer, not
later than 10 days after service of a
written motion on that party. When a
motion is made during a hearing, the
answer may be made at the hearing on
the record, orally or in writing, within
a reasonable time determined by the
administrative law judge.
(e) Rulings on motions. The administrative law judge shall rule on all motions as follows:
(1) Discovery motions. The administrative law judge shall resolve all pending
discovery motions not later than 10
days before the hearing.
(2) Prehearing motions. The administrative law judge shall resolve all pending prehearing motions not later than 7
days before the hearing. If the administrative law judge issues a ruling or
order orally, the administrative law
judge shall serve a written copy of the
ruling or order, within 3 days, on each
party. In all other cases, the administrative law judge shall issue rulings
and orders in writing and shall serve a
copy of the ruling or order on each
party.
(3) Motions made during the hearing.
The administrative law judge may
issue rulings and orders on motions
made during the hearing orally. Oral
rulings or orders on motions must be
made on the record.
(f) Specific motions. A party may file
the following motions with the administrative law judge:

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