Federal Aviation Administration, DOT

Section 14.28

the time for filing an answer for an additional 30 days, and further extensions
may be granted by the ALJ or adjudicative 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 support of agency counsel-s position. If the
answer is based on any alleged facts
not already in the record of the proceeding, agency counsel shall include
with the answer either supporting affidavits or a request for further proceedings under Section 14.26.

Section 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 counsel, or on his or her own initiative, the
ALJ or adjudicative officer assigned to
the matter may order further proceedings, such as an informal conference, 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 conducted 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 necessary to resolve the issues.

[54 FR 46199, Nov. 1, 1989, as amended by
Amdt. 14-03, 64 FR 32936, June 18, 1999]

Section 14.23

Reply.

Within 15 days after service of an answer, the applicant may file a reply. If
the reply is based on any alleged facts
not already in the record of the proceeding, the applicant shall include
with the reply either supporting affidavits or a request for further proceedings under Section 14.26.
Section 14.24

[54 FR 46199, Nov. 1, 1989, as amended by
Amdt. 14-03, 64 FR 32936, June 18, 1999]

Section 14.27 Decision.
(a) The ALJ shall issue an initial decision on the application within 60 days
after completion of proceedings on the
application.
(b) An adjudicative officer in a proceeding 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 applicant-s eligibility and status as prevailing party and an explanation of the
reasons for any difference between the
amount requested and the amount
awarded. The decision shall also include, if at issue, findings on whether
the FAA-s position was substantially
justified, or whether special circumstances make an award unjust.

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 adjudicative officer determines that the
public interest requires such participation in order to permit full exploration
of matters raised in the comments.
[Doc. No. FAA-1998-4379, 64 FR 32936, June 18,
1999]

spaschal on DSK3GDR082PROD with CFR

Section 14.25

Settlement.

The applicant and agency counsel
may agree on a proposed settlement of
the award before final action on the application, either in connection with a
settlement of the underlying proceeding, or after the underlying proceeding has been concluded. If a prevailing 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.

[Doc. No. FAA-1998-4379, 64 FR 32936, June 18,
1999]

Section 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 accordance with subpart G of part 13 of

87

VerDate Sep<11>2014

12:50 Apr 30, 2019

Jkt 247046

PO 00000

Frm 00097

Fmt 8010

Sfmt 8010

Y:\SGML\247046.XXX

247046