Federal Aviation Administration, DOT

Section 16.213

expression that the participant has
such a substantial interest in the proceeding as would entitle it to judicial
review of such decision.
[Amdt. 16-1, 78 FR 56146, Sept. 12, 2013]

spaschal on DSK3GDR082PROD with CFR

Section 16.209

Extension of time.

(a) Extension by oral agreement. The
parties may agree to extend for a reasonable period of time for filing a document under this part. If the parties
agree, the hearing officer shall grant
one extension of time to each party.
The party seeking the extension of
time shall submit a draft order to the
hearing officer to be signed by the
hearing officer and filed with the hearing docket. The hearing officer may
grant additional oral requests for an
extension of time where the parties
agree to the extension.
(b) Extension by motion. A party shall
file a written motion for an extension
of time with the hearing officer not
later than 7 days before the document
is due unless good cause for the late filing is shown. A party filing a written
motion for an extension of time shall
serve a copy of the motion on each
party.
(c) Failure to rule. If the hearing officer fails to rule on a written motion for
an extension of time by the date the
document was due, the motion for an
extension of time is deemed denied.
(d) Effect on time limits. In a hearing
required by section 519(b) of the Airport and Airways Improvement Act, as
amended in 1987, 49 U.S.C. 47106(e) and
47111(d), the due date for the hearing
officer-s initial decision and for the
final agency decision are extended by
the length of the extension granted by
the hearing officer only if the hearing
officer grants an extension of time as a
result of an agreement by the parties
as specified in paragraph (a) of this section or, if the hearing officer grants an
extension of time as a result of the
sponsor-s failure to adhere to the hearing schedule. In any other hearing, an
extension of time granted by the hearing officer for any reason extends the
due date for the hearing officer-s initial decision and for the final agency
decision by the length of time of the
hearing officer-s decision.

Section 16.211

Prehearing conference.

(a) Prehearing conference notice. The
hearing officer schedules a prehearing
conference and serves a prehearing conference notice on the parties promptly
after being designated as a hearing officer.
(1) The prehearing conference notice
specifies the date, time, place, and
manner (in person or by telephone) of
the prehearing conference.
(2) The prehearing conference notice
may direct the parties to exchange proposed witness lists, requests for evidence and the production of documents
in the possession of another party, responses to interrogatories, admissions,
proposed procedural schedules, and proposed stipulations before the date of
the prehearing conference.
(b) The prehearing conference. The prehearing conference is conducted by
telephone or in person, at the hearing
officer-s discretion. The prehearing
conference addresses matters raised in
the prehearing conference notice and
such other matters as the hearing officer determines will assist in a prompt,
full and fair hearing of the issues.
(c) Prehearing conference report. At
the close of the prehearing conference,
the hearing officer rules on any requests for evidence and the production
of documents in the possession of other
parties, responses to interrogatories,
and admissions; on any requests for
depositions; on any proposed stipulations; and on any pending applications
for subpoenas as permitted by Section 16.219.
In addition, the hearing officer establishes the schedule, which shall provide
for the issuance of an initial decision
not later than 110 days after issuance
of the Director-s Determination order
unless otherwise provided in the hearing order.
[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as
amended at Amdt. 16-1, 78 FR 56147, Sept. 12,
2013]

Section 16.213

Discovery.

(a) Discovery is limited to requests
for admissions, requests for production
of documents, interrogatories, and
depositions as authorized by Section 16.215.

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