spaschal on DSK3GDR082PROD with CFR

Federal Aviation Administration, DOT

Section 13.218

granted and the proceedings are terminated without a hearing, the agency
attorney may file an appeal pursuant
to Section 13.233 of this subpart. If required by
the decision on appeal, 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
decision on appeal.
(3) Motion for more definite statement.
A party may file a motion for more
definite statement of any pleading
which requires a response under this
subpart. A party shall set forth, in detail, the indefinite or uncertain allegations contained in a complaint or response to any pleading and shall submit the details that the party believes
would make the allegation or response
definite and certain.
(i) Complaint. A respondent may file a
motion requesting a more definite
statement of the allegations contained
in the complaint instead of filing an
answer. If the administrative law judge
grants the motion, the agency attorney
shall supply a more definite statement
not later than 15 days after service of
the ruling granting the motion. If the
agency attorney fails to supply a more
definite statement, the administrative
law judge shall strike the allegations
in the complaint to which the motion
is directed. If the administrative law
judge denies the motion, 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
order of denial.
(ii) Answer. An agency attorney may
file a motion requesting a more definite statement if an answer fails to respond clearly to the allegations in the
complaint. If the administrative law
judge grants the motion, the respondent shall supply a more definite statement not later than 15 days after service of the ruling on the motion. If the
respondent fails to supply a more definite statement, the administrative law
judge shall strike those statements in
the answer to which the motion is directed. The respondent-s failure to supply a more definite statement may be
deemed an admission of unanswered allegations in the complaint.
(4) Motion to strike. Any party may
make a motion to strike any insufficient allegation or defense, or any re-

dundant, immaterial, or irrelevant
matter in a pleading. A party shall file
a motion to strike with the administrative law judge and shall serve a copy
on each party before a response is required under this subpart or, if a response is not required, not later than 10
days after service of the pleading.
(5) Motion for decision. A party may
make a motion for decision, regarding
all or any part of the proceedings, at
any time before the administrative law
judge has issued an initial decision in
the proceedings. The administrative
law judge shall grant a party-s motion
for decision if the pleadings, depositions, answers to interrogatories, admissions, matters that the administrative law judge has officially noticed, or
evidence introduced during the hearing
show that there is no genuine issue of
material fact and that the party making the motion is entitled to a decision
as a matter of law. The party making
the motion for decision has the burden
of showing that there is no genuine
issue of material fact disputed by the
parties.
(6) Motion for disqualification. A party
may file a motion for disqualification
with the administrative law judge and
shall serve a copy on each party. A
party may file the motion at any time
after the administrative law judge has
been assigned to the proceedings but
shall make the motion before the administrative law judge files an initial
decision in the proceedings.
(i) Motion and supporting affidavit. A
party shall state the grounds for disqualification, including, but not limited to, personal bias, pecuniary interest, or other factors showing disqualification, in the motion for disqualification. A party shall submit an affidavit
with the motion for disqualification
that sets forth, in detail, the matters
alleged to constitute grounds for disqualification.
(ii) Answer. A party shall respond to
the motion for disqualification not
later than 5 days after service of the
motion for disqualification.
(iii) Decision on motion for disqualification. The administrative law judge
shall render a decision on the motion
for disqualification not later than 15
days after the motion has been filed. If
the administrative law judge finds that

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