Federal Aviation Administration, DOT

Section 13.231
Administration, 600 Independence Avenue, SW., Wilbur Wright Building - 
Room 2014, Washington, DC 20591. Documents may also be examined and copied at the U.S. Department of Transportation, Docket Operations, West
Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590. Any person may have
a copy of the record after payment of
reasonable costs to copy the record.

judge at or before the time specified in
the subpoena for compliance. The applicant shall describe, in detail, the
basis for the application to quash or
modify the supoena including, but not
limited to, a statement that the testimony, document, or tangible evidence
is not relevant to the proceeding, that
the subpoena is not reasonably tailored
to the scope of the proceeding, or that
the subpoena is unreasonable and oppressive. A motion to quash or modify
the subpoena will stay the effect of the
subpoena pending a decision by the administrative law judge on the motion.
(c) Enforcement of subpoena. Upon a
showing that a person has failed or refused to comply with a subpoena, a
party may apply to the local federal
district court to seek judicial enforcement of the subpoena in accordance
with 49 U.S.C. 46104 in cases under the
Federal aviation statute.

[Doc. No. 18884, 44 FR 63723, Nov. 5, 1979, as
amended at 70 FR 8238, Feb. 18, 2005; 72 FR
68474, Dec. 5, 2007]

Section 13.231 Argument before the administrative law judge.
(a) Arguments during the hearing. During the hearing, the administrative law
judge shall give the parties a reasonable opportunity to present arguments
on the record supporting or opposing
motions, objections, and rulings if the
parties request an opportunity for argument. The administrative law judge
may request written arguments during
the hearing if the administrative law
judge finds that submission of written
arguments would be reasonable.
(b) Final oral argument. At the conclusion of the hearing and before the administrative law judge issues an initial
decision in the proceedings, the parties
are entitled to submit oral proposed
findings of fact and conclusions of law,
exceptions to rulings of the administrative law judge, and supporting arguments for the findings, conclusions, or
exceptions. At the conclusion of the
hearing, a party may waive final oral
argument.
(c) Posthearing briefs. The administrative law judge may request written
posthearing briefs before the administrative law judge issues an initial decision in the proceedings if the administrative law judge finds that submission
of written arguments would be reasonable. If a party files a written
posthearing brief, the party shall include proposed findings of fact and conclusions of law, exceptions to rulings of
the administrative law judge, and supporting arguments for the findings,
conclusions, or exceptions. The administrative law judge shall give the parties a reasonable opportunity, not
more than 30 days after receipt of the

[Amdt. 13-21, 55 FR 27575, July 3, 1990, as
amended at 71 FR 70465, Dec. 5, 2006]

spaschal on DSK3GDR082PROD with CFR

Section 13.229 Witness fees.
(a) General. Unless otherwise authorized by the administrative law judge,
the party who applies for a subpoena to
compel the attendance of a witness at
a deposition or hearing, or the party at
whose request a witness appears at a
deposition or hearing, shall pay the
witness fees described in this section.
(b) Amount. Except for an employee
of the agency who appears at the direction of the agency, a witness who appears at a deposition or hearing is entitled to the same fees and mileage expenses as are paid to a witness in a
court of the United States in comparable circumstances.
Section 13.230 Record.
(a) Exclusive record. The transcript of
all testimony in the hearing, all exhibits received into evidence, and all motions, applications, requests, and rulings shall constitute the exclusive
record for decision of the proceedings
and the basis for the issuance of any
orders in the proceeding. Any proceedings regarding the disqualification
of an administrative law judge shall be
included in the record.
(b) Examination and copying of record.
Any person may examine the record at
the Hearing Docket, Federal Aviation

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