Section 17.39

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

ODRA a negotiated protective order for
use in ADR in accordance with the requirements of Section 17.9.
Section 17.39

Confidentiality of ADR.

Subpart F - Other Matters

(a) The provisions of the Administrative Dispute Resolution Act of 1996, 5
U.S.C. 571, et seq., shall apply to ODRA
ADR proceedings.
(b) The ODRA looks to the principles
of Rule 408 of the Federal Rules of Evidence in deciding admissibility issues
related to ADR communications.
(c) ADR communications are not part
of the administrative record unless
otherwise agreed by the parties.

Subpart E - Finality and Review
Section 17.41

Final orders.

All final FAA orders regarding protests or contract disputes under this
part are to be issued by the FAA Administrator or by a delegee of the Administrator.
Section 17.43

Judicial review.

(a) A protester or contractor may
seek review of a final FAA order, pursuant to 49 U.S.C. 46110, only after the
administrative remedies of this part
have been exhausted.
(b) A copy of the petition for review
shall be filed with the ODRA and the
FAA Chief Counsel on the date that the
petition for review is filed with the appropriate circuit court of appeals.
Section 17.45

Conforming amendments.

The FAA shall amend pertinent provisions of the AMS, standard contract
forms and clauses, and any guidance to
contracting officials, so as to conform
to the provisions of this part.

spaschal on DSK3GDR082PROD with CFR

Section 17.47

filed within ten (10) business days of
the date of issuance of the public
version of the subject decision or order.

Reconsideration.

The ODRA will not entertain requests for reconsideration as a routine
matter, or where such requests evidence mere disagreement with a decision or restatements of previous arguments. A party seeking reconsideration
must demonstrate either clear errors of
fact or law in the underlying decision
or previously unavailable evidence that
warrants reversal or modification of
the decision. In order to be considered,
requests for reconsideration must be

Section 17.49 Sanctions.
If any party or its representative
fails to comply with an Order or Directive of the ODRA, the ODRA may enter
such orders and take such other actions as it deems necessary and in the
interest of justice.
Section 17.51 Decorum and professional conduct.
Legal representatives are expected to
conduct themselves at all times in a
civil and respectful manner appropriate to an administrative forum. Additionally, counsel are expected to conduct themselves at all times in a professional manner and in accordance
with all applicable rules of professional
conduct.
Section 17.53 Orders and subpoenas for testimony and document production.
(a) Parties are encouraged to seek cooperative and voluntary production of
documents and witnesses prior to requesting a subpoena or an order under
this section.
(b) Upon request by a party, or on his
or her own initiative, a DRO or Special
Master may, for good cause shown,
order a person to give testimony by
deposition and to produce records. Section 46104(c) of Title 49 of the United
States Code governs the conduct of
depositions or document production.
(c) Upon request by a party, or on his
or her own initiative, a DRO or Special
Master may, for good cause shown, subpoena witnesses or records related to a
hearing from any place in the United
States to the designated place of a
hearing.
(d) A subpoena or order under this
section may be served by a United
States marshal or deputy marshal, or
by any other person who is not a party
and not less than 18 years of age. Service upon a person named therein shall
be made by personally delivering a
copy to that person and tendering the
fees for one day-s attendance and the
mileage provided by 28 U.S.C. 1821 or
other applicable law; however, where

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