spaschal on DSK3GDR082PROD with CFR

Federal Aviation Administration, DOT

Section 13.221

the information cannot reasonably be
obtained using less burdensome discovery methods or be obtained from
other sources.
(l) Requests for admission. A party
may serve a written request for admission of the truth of any matter within
the scope of discovery under this section or the authenticity of any document described in the request. A party
shall set forth each request for admission separately. A party shall serve
copies of documents referenced in the
request for admission unless the documents have been provided or are reasonably available for inspection and
copying.
(1) Time. A party-s failure to respond
to a request for admission, in writing
and signed by the attorney or the
party, not later than 30 days after service of the request, is deemed an admission of the truth of the statement or
statements contained in the request for
admission. The administrative law
judge may determine that a failure to
respond to a request for admission is
not deemed an admission of the truth if
a party shows that the failure was due
to circumstances beyond the control of
the party or the party-s attorney.
(2) Response. A party may object to a
request for admission and shall state
the reasons for objection. A party may
specifically deny the truth of the matter or describe the reasons why the
party is unable to truthfully deny or
admit the matter. If a party is unable
to deny or admit the truth of the matter, the party shall show that the party
has made reasonable inquiry into the
matter or that the information known
to, or readily obtainable by, the party
is insufficient to enable the party to
admit or deny the matter. A party may
admit or deny any part of the request
for admission. If the administrative
law judge determines that a response
does not comply with the requirements
of this rule or that the response is insufficient, the matter is deemed admitted.
(3) Effect of admission. Any matter admitted or deemed admitted under this
section is conclusively established for
the purpose of the hearing and appeal.
(m) Motion to compel discovery. A
party may make a motion to compel
discovery if a person refuses to answer

a question during a deposition, a party
fails or refuses to answer an interrogatory, if a person gives an evasive or
incomplete answer during a deposition
or when responding to an interrogatory, or a party fails or refuses to
produce documents or tangible items.
During a deposition, the proponent of a
question may complete the deposition
or may adjourn the examination before
making a motion to compel if a person
refuses to answer.
(n) Failure to comply with a discovery
order or order to compel. If a party fails
to comply with a discovery order or an
order to compel, the administrative
law judge, limited to the extent of the
party-s failure to comply with the discovery order or motion to compel,
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.
[Amdt. 13-21, 55 FR 27575, July 3, 1990, as
amended by Amdt. 13-23, 55 FR 45983, Oct. 31,
1990]

Section 13.221

Notice of hearing.

(a) Notice. The administrative law
judge shall give each party at least 60
days notice of the date, time, and location of the hearing.
(b) Date, time, and location of the hearing. The administrative law judge to
whom the proceedings have been assigned shall set a reasonable date,
time, and location for the hearing. The
administrative law judge shall consider
the need for discovery and any joint
procedural or discovery schedule submitted by the parties when determining the hearing date. The administrative law judge shall give due regard
to the convenience of the parties, the
location where the majority of the witnesses reside or work, and whether the
location is served by a scheduled air
carrier.
(c) Earlier hearing. With the consent
of the administrative law judge, the
parties may agree to hold the hearing

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