99 

Federal Aviation Administration, DOT 

§ 16.19 

(c) 

Where service shall be made. 

Serv-

ice shall be made to the persons identi-
fied in accordance with § 16.13(f). If no 
such person has been designated, serv-
ice shall be made on the party. 

(d) 

Presumption of service. 

There shall 

be a presumption of lawful service— 

(1) When acknowledgment of receipt 

is by a person who customarily or in 
the ordinary course of business re-
ceives mail at the address of the party 
or of the person designated under 
§ 16.13(f); 

(2) When a properly addressed enve-

lope, sent to the most current address 
submitted under § 16.13(f), has been re-
turned as undeliverable, unclaimed, or 
refused; or 

(3) When the party serving the docu-

ment electronically has a confirmation 
statement demonstrating that the 
email was properly sent to a party cor-
rectly addressed. 

(e) 

Date of service. 

The date of service 

shall be determined in the same man-
ner as the filing date under § 16.13(b). 

[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as 
amended at Amdt. 16–1, 78 FR 56143, Sept. 12, 
2013] 

§ 16.17

Computation of time. 

This section applies to any period of 

time prescribed or allowed by this part, 
by notice or order of the hearing offi-
cer, or by an applicable statute. 

(a) The date of an act, event, or de-

fault, after which a designated time pe-
riod begins to run, is not included in a 
computation of time under this part. 

(b) The last day of a time period is 

included in a computation of time un-
less it is a Saturday, Sunday, or legal 
holiday for the FAA, in which case, the 
time period runs until the end of the 
next day that is not a Saturday, Sun-
day, or legal holiday. 

(c) Whenever a party has the right or 

is required to do some act within a pre-
scribed period after service of a docu-
ment upon the party, and the docu-
ment is served on the party by first 
class mail or certified mail, 5 days 
shall be added to the prescribed period. 

[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as 
amended at Amdt. 16–1, 78 FR 56143, Sept. 12, 
2013] 

§ 16.19

Motions. 

(a) 

General. 

An application for an 

order or ruling not otherwise specifi-
cally provided for in this part shall be 
by motion. Unless otherwise ordered by 
the agency, the filing of a motion will 
not stay the date that any action is 
permitted or required by this part. 

(b) 

Form and contents. 

Unless made 

during a hearing, motions shall be 
made in writing, shall state with par-
ticularity the relief sought and the 
grounds for the relief sought, and shall 
be accompanied by affidavits or other 
evidence relied upon. Motions intro-
duced during hearings may be made 
orally on the record, unless the hearing 
officer directs otherwise. 

(c) 

Answers to motions. 

Except as oth-

erwise provided in this part, or except 
when a motion is made during a hear-
ing, any party may file an answer in 
support of or in opposition to a motion, 
accompanied by affidavits or other evi-
dence relied upon, provided that the 
answer to the motion is filed within 10 
days after the motion has been served 
upon the person answering, or any 
other period set by the hearing officer. 
Where a motion is made during a hear-
ing, the answer and the ruling thereon 
may be made at the hearing, or orally 
or in writing within the time set by the 
hearing officer. 

(d) 

Deferred actions on motions. 

A rul-

ing on a motion made before the time 
set for the issuance of the Director’s 
Determination may be deferred to and 
included with the Director’s Deter-
mination. 

(e) 

Extension by motion. 

A party shall 

file a written motion for an extension 
of time not later than 3 business days 
before the document is due unless good 
cause for the late filing is shown. A 
party filing a motion for extension 
should attempt to obtain the concur-
rence of the opposing party. A party 
filing a written motion for an exten-
sion of time shall file the motion as re-
quired under § 16.13, and serve a copy of 
the motion on all parties and the dock-
et clerk as required under § 16.15. 

[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as 
amended at Amdt. 16–1, 78 FR 56143, Sept. 12, 
2013] 

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