Federal Aviation Administration, DOT

Section 16.26

or state that the person filing the document is without sufficient knowledge
or information to admit or deny an allegation, and shall assert any affirmative defense.
(i) The answer, reply, and rebuttal
shall each contain a concise but complete statement of the facts relied upon
to substantiate the answers, admissions, denials, or averments made.
(j) Amendments or supplements to
the pleadings described in this section
will not be allowed without showing
good cause through a motion and supporting documents.
(k) Burden of proof. Except as used in
subpart F of this part,
(1) The burden of proof is on the complainant to show noncompliance with
an Act or any regulation, order, agreement or document of conveyance
issued under the authority of an Act.
(2) Except as otherwise provided by
statute or rule, the proponent of a motion, request, or order has the burden
of proof.
(3) A party who has asserted an affirmative defense has the burden of
proving the affirmative defense.
(l) Except for good cause shown
through motion and supporting documents, discovery is not permitted except as provided in SectionSection 16.213 and 16.215.
[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as
amended at Amdt. 16-1, 78 FR 56143, Sept. 12,
2013]

spaschal on DSK3GDR082PROD with CFR

Section 16.25

Dismissals.

(a) Within 20 days after the receipt of
the complaint, unless a motion has
been filed under Section 16.26, the Director
will dismiss a complaint, or any claim
made in a complaint, with prejudice if:
(1) It appears on its face to be outside
the jurisdiction of the Administrator
under the Acts listed in Section 16.1;
(2) On its face it does not state a
claim that warrants an investigation
or further action by the FAA; or
(3) The complainant lacks standing
to file a complaint under SectionSection 16.3 and
16.23.
(b) A dismissal under this section
will include the reasons for the dismissal.
[Amdt. 16-1, 78 FR 56144, Sept. 12, 2013]

Section 16.26 Motions to dismiss and motions
for summary judgment.
(a) In lieu of an answer, the respondent may file a motion to dismiss the
complaint or a motion for summary
judgment on the complaint. The respondent may move for dismissal of the
entire complaint or move for dismissal
of particular issues from adjudication.
The motion must be filed within 20
days after the date of service of the
FAA notification of docketing.
(b) Motions to dismiss. (1) A motion to
dismiss shall be accompanied by a concise statement of the reasons for seeking dismissal. The respondent must
show that the complaint should be dismissed, with prejudice, if:
(i) It appears on its face to be outside
the jurisdiction of the Administrator
under the Acts listed in Section 16.1;
(ii) On its face it does not state a
claim that warrants an investigation
or further action by the FAA; or
(iii) The complainant lacks standing
to file a complaint under SectionSection 16.3 and
16.23.
(2) A motion to dismiss may seek dismissal of the entire complaint or the
dismissal of specified claims in the
complaint. A motion to dismiss shall
be accompanied by a supporting memorandum of points and authorities.
(3) A complainant may file an answer
to the motion to dismiss within 10 days
of the date the motion is served on the
complainant, or within any other period set by the Director. The answer
shall be accompanied by a concise
statement of reasons for opposing dismissal, and may be accompanied by affidavits and other documentary evidence in support of that contention.
(4) Within 30 days of the date an answer to a motion to dismiss is due
under this section, the Director may
issue an order disposing of the motion.
If the Director denies the motion to
dismiss in whole or in part, or grants
the motion in part, then within 20 days
of when the order is served on the respondent, the respondent shall file an
answer to the complaint.
(5) If the Director does not act on the
motion to dismiss within 30 days of the
date an answer to a motion is due
under this section, the respondent shall
file an answer to the complaint within
the next 20 days.

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