87
Federal Aviation Administration, DOT
§ 14.28
the time for filing an answer for an ad-
ditional 30 days, and further extensions
may be granted by the ALJ or adju-
dicative officer upon request by the
FAA’s counsel and the applicant.
(c) The answer shall explain in detail
any objections to the award requested
and identify the facts relied on in sup-
port of agency counsel’s position. If the
answer is based on any alleged facts
not already in the record of the pro-
ceeding, agency counsel shall include
with the answer either supporting affi-
davits or a request for further pro-
ceedings under § 14.26.
[54 FR 46199, Nov. 1, 1989, as amended by
Amdt. 14–03, 64 FR 32936, June 18, 1999]
§ 14.23
Reply.
Within 15 days after service of an an-
swer, the applicant may file a reply. If
the reply is based on any alleged facts
not already in the record of the pro-
ceeding, the applicant shall include
with the reply either supporting affida-
vits or a request for further pro-
ceedings under § 14.26.
§ 14.24
Comments by other parties.
Any party to a proceeding other than
the applicant and the FAA’s counsel
may file comments on an application
within 30 days after it is served, or on
an answer within 15 days after it is
served. A commenting party may not
participate further in proceedings on
the application unless the ALJ or adju-
dicative officer determines that the
public interest requires such participa-
tion in order to permit full exploration
of matters raised in the comments.
[Doc. No. FAA–1998–4379, 64 FR 32936, June 18,
1999]
§ 14.25
Settlement.
The applicant and agency counsel
may agree on a proposed settlement of
the award before final action on the ap-
plication, either in connection with a
settlement of the underlying pro-
ceeding, or after the underlying pro-
ceeding has been concluded. If a pre-
vailing party and agency counsel agree
on a proposed settlement of an award
before an application has been filed,
the application shall be filed with the
proposed settlement.
§ 14.26
Further proceedings.
(a) Ordinarily the determination of
an award will be made on the basis of
the written record; however, on request
of either the applicant or agency coun-
sel, or on his or her own initiative, the
ALJ or adjudicative officer assigned to
the matter may order further pro-
ceedings, such as an informal con-
ference, oral argument, additional
written submissions, or an evidentiary
hearing. Such further proceedings shall
be held only when necessary for full
and fair resolution of the issues arising
from the application and shall be con-
ducted as promptly as possible.
(b) A request that the administrative
law judge order further proceedings
under this section shall specifically
identify the information sought or the
disputed issues and shall explain why
the additional proceedings are nec-
essary to resolve the issues.
[54 FR 46199, Nov. 1, 1989, as amended by
Amdt. 14–03, 64 FR 32936, June 18, 1999]
§ 14.27
Decision.
(a) The ALJ shall issue an initial de-
cision on the application within 60 days
after completion of proceedings on the
application.
(b) An adjudicative officer in a pro-
ceeding under part 17 of this chapter
and the AMS shall prepare a findings
and recommendations for the Office of
Dispute Resolution for Acquisition.
(c) A decision under paragraph (a) or
(b) of this section shall include written
findings and conclusions on the appli-
cant’s eligibility and status as pre-
vailing party and an explanation of the
reasons for any difference between the
amount requested and the amount
awarded. The decision shall also in-
clude, if at issue, findings on whether
the FAA’s position was substantially
justified, or whether special cir-
cumstances make an award unjust.
[Doc. No. FAA–1998–4379, 64 FR 32936, June 18,
1999]
§ 14.28
Review by FAA decisionmaker.
(a) In proceedings other than those
under part 17 of this chapter and the
AMS, either the applicant or the FAA
counsel may seek review of the initial
decision on the fee application in ac-
cordance with subpart G of part 13 of
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