103
Federal Aviation Administration, DOT
§ 16.213
hearing officer to be signed by the
hearing officer and filed with the hear-
ing docket. The hearing officer may
grant additional oral requests for an
extension of time where the parties
agree to the extension.
(b)
Extension by motion. A party shall
file a written motion for an extension
of time with the hearing officer not
later than 7 days before the document
is due unless good cause for the late fil-
ing is shown. A party filing a written
motion for an extension of time shall
serve a copy of the motion on each
party.
(c)
Failure to rule. If the hearing offi-
cer fails to rule on a written motion for
an extension of time by the date the
document was due, the motion for an
extension of time is deemed denied.
(d)
Effect on time limits. In a hearing
required by section 519(b) of the Air-
port and Airways Improvement Act, as
amended in 1987, 49 U.S.C. 47106(e) and
47111(d), the due date for the hearing
officer’s initial decision and for the
final agency decision are extended by
the length of the extension granted by
the hearing officer only if the hearing
officer grants an extension of time as a
result of an agreement by the parties
as specified in paragraph (a) of this sec-
tion or, if the hearing officer grants an
extension of time as a result of the
sponsor’s failure to adhere to the hear-
ing schedule. In any other hearing, an
extension of time granted by the hear-
ing officer for any reason extends the
due date for the hearing officer’s ini-
tial decision and for the final agency
decision by the length of time of the
hearing officer’s decision.
§ 16.211
Prehearing conference.
(a)
Prehearing conference notice. The
hearing officer schedules a prehearing
conference and serves a prehearing con-
ference notice on the parties promptly
after being designated as a hearing of-
ficer.
(1) The prehearing conference notice
specifies the date, time, place, and
manner (in person or by telephone) of
the prehearing conference.
(2) The prehearing conference notice
may direct the parties to exchange pro-
posed witness lists, requests for evi-
dence and the production of documents
in the possession of another party, re-
sponses to interrogatories, admissions,
proposed procedural schedules, and pro-
posed stipulations before the date of
the prehearing conference.
(b)
The prehearing conference. The pre-
hearing conference is conducted by
telephone or in person, at the hearing
officer’s discretion. The prehearing
conference addresses matters raised in
the prehearing conference notice and
such other matters as the hearing offi-
cer determines will assist in a prompt,
full and fair hearing of the issues.
(c)
Prehearing conference report. At
the close of the prehearing conference,
the hearing officer rules on any re-
quests for evidence and the production
of documents in the possession of other
parties, responses to interrogatories,
and admissions; on any requests for
depositions; on any proposed stipula-
tions; and on any pending applications
for subpoenas as permitted by § 16.219.
In addition, the hearing officer estab-
lishes the schedule, which shall provide
for the issuance of an initial decision
not later than 110 days after issuance
of the Director’s Determination order
unless otherwise provided in the hear-
ing order.
[Doc. No. 27783, 61 FR 54004, October 16, 1996,
as amended at Amdt. 16–1, 78 FR 56147, Sept.
12, 2013]
§ 16.213
Discovery.
(a) Discovery is limited to requests
for admissions, requests for production
of documents, interrogatories, and
depositions as authorized by § 16.215.
(b) The hearing officer shall limit the
frequency and extent of discovery per-
mitted by this section if a party shows
that—
(1) The information requested is cu-
mulative or repetitious;
(2) The information requested may be
obtained from another less burdensome
and more convenient source;
(3) The party requesting the informa-
tion has had ample opportunity to ob-
tain the information through other dis-
covery methods permitted under this
section; or
(4) The method or scope of discovery
requested by the party is unduly bur-
densome or expensive.
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