106
14 CFR Ch. I (1–1–19 Edition)
§ 16.202
(6) The date by which the hearing of-
ficer is directed to issue an initial deci-
sion.
(b) Where there are no genuine issues
of material fact requiring oral exam-
ination of witnesses, the hearing order
may contain a direction to the hearing
officer to conduct a hearing by submis-
sion of briefs and oral argument with-
out the presentation of testimony or
other evidence.
[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as
amended at Amdt. 16–1, 78 FR 56146, Sept. 12,
2013]
§ 16.202
Powers of a hearing officer.
In accordance with the rules of this
subpart, a hearing officer may:
(a) Give notice of, and hold, pre-
hearing conferences and hearings;
(b) Administer oaths and affirma-
tions;
(c) Issue subpoenas authorized by law
and issue notices of deposition re-
quested by the parties;
(d) Limit the frequency and extent of
discovery;
(e) Rule on offers of proof;
(f) Receive relevant and material evi-
dence;
(g) Regulate the course of the hear-
ing in accordance with the rules of this
part to avoid unnecessary and duplica-
tive proceedings in the interest of
prompt and fair resolution of the mat-
ters at issue;
(h) Hold conferences to settle or to
simplify the issues by consent of the
parties;
(i) Dispose of procedural motions and
requests;
(j) Examine witnesses; and
(k) Make findings of fact and conclu-
sions of law, and issue an initial deci-
sion.
§ 16.203
Appearances, parties, and
rights of parties.
(a)
Appearances.
Any party may ap-
pear and be heard in person.
(1) Any party may be accompanied,
represented, or advised by an attorney
licensed by a State, the District of Co-
lumbia, or a territory of the United
States to practice law or appear before
the courts of that State or territory, or
by another person authorized by the
hearing officer to be the party’s rep-
resentative.
(2) An attorney, or other duly author-
ized representative, who represents a
party shall file a notice of appearance
in accordance with § 16.13.
(b)
Parties and agency participation.
(1)
The parties to the hearing are the com-
plainant(s) and respondent(s) named in
the hearing order, and the agency. The
style of any pleadings filed under this
Subpart shall name the respondent as
the Appellant, and the Federal Avia-
tion Administration as the Agency.
(2) Unless otherwise specified in the
hearing order, the agency attorney will
serve as prosecutor for the agency from
the date of issuance of the Director’s
Determination providing an oppor-
tunity for hearing.
[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as
amended at Amdt. 16–1, 78 FR 56146, Sept. 12,
2013]
§ 16.207
Intervention and other par-
ticipation.
(a) Intervention and participation by
other persons are permitted only at the
hearing stage of the complaint process
and with the written approval of the
hearing officer.
(b) A person may submit a written
motion for leave to intervene as a
party. Except for good cause shown, a
motion for leave to intervene shall be
submitted not later than 10 days after
the notice of hearing and hearing
order.
(c) If the hearing officer finds that
intervention will not unduly broaden
the issues or delay the proceedings and,
if the person has an interest that will
benefit the proceedings, the hearing of-
ficer may grant a motion for leave to
intervene. The hearing officer may de-
termine the extent to which an inter-
venor may participate in the pro-
ceedings.
(d) Other persons may petition the
hearing officer for leave to participate
in the hearing. Participation is limited
to the filing of a posthearing brief and
reply to the hearing officer and the As-
sociate Administrator. Such a brief
shall be filed and served on all parties
in the same manner as the parties’
posthearing briefs are filed.
(e) Participation under this section is
at the discretion of the hearing officer,
and no decision permitting participa-
tion shall be deemed to constitute an
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