Section 16.225

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

party in support of its case in accordance with this section, but may exclude irrelevant, immaterial, or unduly
repetitious evidence.
(g) Expert or opinion witnesses. An employee of the FAA or DOT may not be
called as an expert or opinion witness
for any party other than the agency except as provided in Department of
Transportation regulations at 49 CFR
part 9.
Section 16.225

Public disclosure of evidence.

(a) Except as provided in this section,
the hearing shall be open to the public.
(b) The hearing officer may order
that any information contained in the
record be withheld from public disclosure. Any person may object to disclosure of information in the record by filing a written motion to withhold specific information with the hearing officer. The person shall state specific
grounds for nondisclosure in the motion.
(c) The hearing officer shall grant the
motion to withhold information from
public disclosure if the hearing officer
determines that disclosure would be in
violation of the Privacy Act, would reveal trade secrets or privileged or confidential commercial or financial information, or is otherwise prohibited by
law.
Section 16.227

Standard of proof.

The hearing officer shall issue an initial decision or rule in a party-s favor
only if the decision or ruling is in accordance with law and supported by a
preponderance of the reliable, probative, and substantial evidence contained in the record.
[Amdt. 16-1, as amended at 78 FR 56147, Sept.
12, 2013]

spaschal on DSK3GDR082PROD with CFR

Section 16.229

Burden of proof.

As used in this subpart, the burden of
proof is as follows:
(a) The burden of proof of noncompliance with an Act or any regulation,
order, agreement or document of conveyance issued under the authority of
an Act is on the agency.
(b) Except as otherwise provided by
statute or rule, the proponent of a motion, request, or order has the burden
of proof.

(c) A party who has asserted an affirmative defense has the burden of
proving the affirmative defense.
[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as
amended at Amdt. 16-1, 78 FR 56147, Sept. 12,
2013]

Section 16.231

Offer of proof.

A party whose evidence has been excluded by a ruling of the hearing officer may offer the evidence on the
record when filing an appeal.
Section 16.233

Record.

(a) Exclusive record. The transcript of
all testimony in the hearing, all exhibits received into evidence, all motions,
applications requests and rulings, all
documents included in the hearing
record and the Director-s Determination shall constitute the exclusive
record for decision in the proceedings
and the basis for the issuance of any
orders.
(b) Examination and copy of record. A
copy of the record will be filed by the
FAA Part 16 Docket Clerk in the Federal Docket Management System
(FDMS). Any person desiring to review
the record may then do so at http://
www.regulations.gov.
[Amdt. 16-1, 78 FR 56147, Sept. 12, 2013]

Section 16.235 Argument before the hearing
officer.
(a) Argument during the hearing. During the hearing, the hearing officer
shall give the parties reasonable opportunity to present oral argument on the
record supporting or opposing motions,
objections, and rulings if the parties
request an opportunity for argument.
The hearing officer may direct written
argument during the hearing if the
hearing officer finds that submission of
written arguments would not delay the
hearing.
(b) Posthearing briefs. The hearing officer may request or permit the parties
to submit posthearing briefs. The hearing officer may provide for the filing of
simultaneous reply briefs as well, if
such filing will not unduly delay the
issuance of the hearing officer-s initial
decision. Posthearing briefs shall include proposed findings of fact and conclusions of law; exceptions to rulings of
the hearing officer; references to the

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