Section 13.222

14 CFR Ch. I (1-1-19 Edition)

on an earlier date than the date specified in the notice of hearing.
Section 13.222

Section 13.226 Public disclosure of evidence.
(a) The administrative law judge may
order that any information contained
in the record be withheld from public
disclosure. Any person may object to
disclosure of information in the record
by filing a written motion to withhold
specific information with the administrative law judge and serving a copy of
the motion on each party. The party
shall state the specific grounds for nondisclosure in the motion.
(b) The administrative law judge
shall grant the motion to withhold information in the record if, based on the
motion and any response to the motion, the administrative law judge determines that disclosure would be detrimental to aviation safety, disclosure
would not be in the public interest, or
that the information is not otherwise
required to be made available to the
public.

Evidence.

(a) General. A party is entitled to
present the party-s case or defense by
oral, documentary, or demonstrative
evidence, to submit rebuttal evidence,
and to conduct any cross-examination
that may be required for a full and true
disclosure of the facts.
(b) Admissibility. A party may introduce any oral, documentary, or demonstrative evidence in support of the party-s case or defense. The administrative law judge shall admit any oral,
documentary, or demonstrative evidence introduced by a party but shall
exclude irrelevant, immaterial, or unduly repetitious evidence.
(c) Hearsay evidence. Hearsay evidence is admissible in proceedings governed by this subpart. The fact that
evidence submitted by a party is hearsay goes only to the weight of the evidence and does not affect its admissibility.
Section 13.223

Section 13.227 Expert or opinion witnesses.
An employee of the agency may not
be called as an expert or opinion witness, for any party other than the
FAA, in any proceeding governed by
this subpart. An employee of a respondent may not be called by an agency attorney as an expert or opinion witness
for the FAA in any proceeding governed by this subpart to which the respondent is a party.

Standard of proof.

The administrative law judge shall
issue an initial decision or shall rule in
a party-s favor only if the decision or
ruling is supported by, and in accordance with, the reliable, probative, and
substantial evidence contained in the
record. In order to prevail, the party
with the burden of proof shall prove
the party-s case or defense by a preponderance of reliable, probative, and substantial evidence.
Section 13.224

Section 13.228 Subpoenas.
(a) Request for subpoena. A party may
obtain a subpoena to compel the attendance of a witness at a deposition or
hearing or to require the production of
documents or tangible items from the
hearing docket clerk. The hearing
docket clerk shall deliver the subpoena, signed by the hearing docket
clerk or an administrative law judge
but otherwise in blank, to the party.
The party shall complete the subpoena,
stating the title of the action and the
date and time for the witness- attendance or production of documents or
items. The party who obtained the subpoena shall serve the subpoena on the
witness.
(b) Motion to quash or modify the subpoena. A party, or any person upon
whom a subpoena has been served, may
file a motion to quash or modify the
subpoena with the administrative law

Burden of proof.

(a) Except in the case of an affirmative defense, the burden of proof is on
the agency.
(b) Except as otherwise provided by
statute or rule, the proponent of a motion, request, or order has the burden
of proof.
(c) A party who has asserted an affirmative defense has the burden of
proving the affirmative defense.

spaschal on DSK3GDR082PROD with CFR

Section 13.225

Offer of proof.

A party whose evidence has been excluded by a ruling of the administrative law judge may offer the evidence
for the record on appeal.

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