106
14 CFR Ch. I (1–1–14 Edition)
§ 16.227
record be withheld from public disclo-
sure. Any person may object to disclo-
sure of information in the record by fil-
ing a written motion to withhold spe-
cific information with the hearing offi-
cer. The person shall state specific
grounds for nondisclosure in the mo-
tion.
(c) The hearing officer shall grant the
motion to withhold information from
public disclosure if the hearing officer
determines that disclosure would be in
violation of the Privacy Act, would re-
veal trade secrets or privileged or con-
fidential commercial or financial infor-
mation, or is otherwise prohibited by
law.
§ 16.227
Standard of proof.
The hearing officer shall issue an ini-
tial decision or rule in a party’s favor
only if the decision or ruling is in ac-
cordance with law and supported by a
preponderance of the reliable, pro-
bative, and substantial evidence con-
tained in the record.
[Amdt. 16–1, as amended at 78 FR 56147, Sept.
12, 2013]
§ 16.229
Burden of proof.
As used in this subpart, the burden of
proof is as follows:
(a) The burden of proof of noncompli-
ance with an Act or any regulation,
order, agreement or document of con-
veyance issued under the authority of
an Act is on the agency.
(b) Except as otherwise provided by
statute or rule, the proponent of a mo-
tion, request, or order has the burden
of proof.
(c) A party who has asserted an af-
firmative defense has the burden of
proving the affirmative defense.
[Doc. No. 27783, 61 FR 54004, October 16, 1996,
as amended at Amdt. 16–1, 78 FR 56147, Sept.
12, 2013]
§ 16.231
Offer of proof.
A party whose evidence has been ex-
cluded by a ruling of the hearing offi-
cer may offer the evidence on the
record when filing an appeal.
§ 16.233
Record.
(a)
Exclusive record. The transcript of
all testimony in the hearing, all exhib-
its received into evidence, all motions,
applications requests and rulings, all
documents included in the hearing
record and the Director’s Determina-
tion shall constitute the exclusive
record for decision in the proceedings
and the basis for the issuance of any
orders.
(b)
Examination and copy of record. A
copy of the record will be filed by the
FAA Part 16 Docket Clerk in the Fed-
eral Docket Management System
(FDMS). Any person desiring to review
the record may then do so at
http://
www.regulations.gov.
[Amdt. 16–1, 78 FR 56147, Sept .12, 2013]
§ 16.235
Argument before the hearing
officer.
(a)
Argument during the hearing. Dur-
ing the hearing, the hearing officer
shall give the parties reasonable oppor-
tunity to present oral argument on the
record supporting or opposing motions,
objections, and rulings if the parties
request an opportunity for argument.
The hearing officer may direct written
argument during the hearing if the
hearing officer finds that submission of
written arguments would not delay the
hearing.
(b)
Posthearing briefs. The hearing of-
ficer may request or permit the parties
to submit posthearing briefs. The hear-
ing officer may provide for the filing of
simultaneous reply briefs as well, if
such filing will not unduly delay the
issuance of the hearing officer’s initial
decision. Posthearing briefs shall in-
clude proposed findings of fact and con-
clusions of law; exceptions to rulings of
the hearing officer; references to the
record in support of the findings of
fact; and supporting arguments for the
proposed findings, proposed conclu-
sions, and exceptions.
[Doc. No. 27783, 61 FR 54004, October 16, 1996,
as amended at Amdt. 16–1, 78 FR 56147, Sept.
12, 2013]
§ 16.237
Waiver of procedures.
(a) The hearing officer shall waive
such procedural steps as all parties to
the hearing agree to waive before
issuance of an initial decision.
(b) Consent to a waiver of any proce-
dural step bars the raising of this issue
on appeal.
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