Federal Aviation Administration, DOT

Section 16.19

(c) Where service shall be made. Service shall be made to the persons identified in accordance with Section 16.13(f). If no
such person has been designated, service 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 receives mail at the address of the party
or of the person designated under
Section 16.13(f);
(2) When a properly addressed envelope, sent to the most current address
submitted under Section 16.13(f), has been returned as undeliverable, unclaimed, or
refused; or
(3) When the party serving the document electronically has a confirmation
statement demonstrating that the
email was properly sent to a party correctly addressed.
(e) Date of service. The date of service
shall be determined in the same manner as the filing date under Section 16.13(b).

Section 16.19

This section applies to any period of
time prescribed or allowed by this part,
by notice or order of the hearing officer, or by an applicable statute.
(a) The date of an act, event, or default, after which a designated time period 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 unless 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, Sunday, or legal holiday.
(c) Whenever a party has the right or
is required to do some act within a prescribed period after service of a document upon the party, and the document 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]

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

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

Section 16.17

spaschal on DSK3GDR082PROD with CFR

Motions.

(a) General. An application for an
order or ruling not otherwise specifically 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 particularity the relief sought and the
grounds for the relief sought, and shall
be accompanied by affidavits or other
evidence relied upon. Motions introduced during hearings may be made
orally on the record, unless the hearing
officer directs otherwise.
(c) Answers to motions. Except as otherwise provided in this part, or except
when a motion is made during a hearing, any party may file an answer in
support of or in opposition to a motion,
accompanied by affidavits or other evidence 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 hearing, 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 ruling 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 Determination.
(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 concurrence of the opposing party. A party
filing a written motion for an extension of time shall file the motion as required under Section 16.13, and serve a copy of
the motion on all parties and the docket clerk as required under Section 16.15.

Computation of time.

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