Section 16.202

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

(6) The date by which the hearing officer is directed to issue an initial decision.
(b) Where there are no genuine issues
of material fact requiring oral examination of witnesses, the hearing order
may contain a direction to the hearing
officer to conduct a hearing by submission of briefs and oral argument without 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]

spaschal on DSK3GDR082PROD with CFR

Section 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, prehearing conferences and hearings;
(b) Administer oaths and affirmations;
(c) Issue subpoenas authorized by law
and issue notices of deposition requested by the parties;
(d) Limit the frequency and extent of
discovery;
(e) Rule on offers of proof;
(f) Receive relevant and material evidence;
(g) Regulate the course of the hearing in accordance with the rules of this
part to avoid unnecessary and duplicative proceedings in the interest of
prompt and fair resolution of the matters 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 conclusions of law, and issue an initial decision.
Section 16.203 Appearances,
parties,
and
rights of parties.
(a) Appearances. Any party may appear and be heard in person.
(1) Any party may be accompanied,
represented, or advised by an attorney
licensed by a State, the District of Columbia, 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 representative.

(2) An attorney, or other duly authorized representative, who represents a
party shall file a notice of appearance
in accordance with Section 16.13.
(b) Parties and agency participation. (1)
The parties to the hearing are the complainant(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 Aviation 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 opportunity for hearing.
[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as
amended at Amdt. 16-1, 78 FR 56146, Sept. 12,
2013]

Section 16.207 Intervention and other participation.
(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 officer may grant a motion for leave to
intervene. The hearing officer may determine the extent to which an intervenor may participate in the proceedings.
(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 Associate 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 participation shall be deemed to constitute an

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