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14 CFR Ch. I (1–1–14 Edition)
§ 17.45
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 ap-
propriate circuit court of appeals.
§ 17.45
Conforming amendments.
The FAA shall amend pertinent pro-
visions of the AMS, standard contract
forms and clauses, and any guidance to
contracting officials, so as to conform
to the provisions of this part.
§ 17.47
Reconsideration.
The ODRA will not entertain re-
quests for reconsideration as a routine
matter, or where such requests evi-
dence mere disagreement with a deci-
sion or restatements of previous argu-
ments. 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
filed within ten (10) business days of
the date of issuance of the public
version of the subject decision or order.
Subpart F—Other Matters
§ 17.49
Sanctions.
If any party or its representative
fails to comply with an Order or Direc-
tive of the ODRA, the ODRA may enter
such orders and take such other ac-
tions as it deems necessary and in the
interest of justice.
§ 17.51
Decorum and professional con-
duct.
Legal representatives are expected to
conduct themselves at all times in a
civil and respectful manner appro-
priate to an administrative forum. Ad-
ditionally, counsel are expected to con-
duct themselves at all times in a pro-
fessional manner and in accordance
with all applicable rules of professional
conduct.
§ 17.53
Orders and subpoenas for testi-
mony and document production.
(a) Parties are encouraged to seek co-
operative and voluntary production of
documents and witnesses prior to re-
questing 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. Sec-
tion 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, sub-
poena 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. Serv-
ice 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
the subpoena is issued on behalf of the
Product Team, money payments need
not be tendered in advance of attend-
ance. The person serving the subpoena
or order shall file a declaration of serv-
ice with the ODRA, executed in the
form required by 28 U.S.C. 1746. The
declaration of service shall be filed
promptly with the ODRA, and before
the date on which the person served
must respond to the subpoena or order.
(e) Upon written motion by the per-
son subpoenaed or ordered under this
section, or by a party, made within ten
(10) business days after service, but in
any event not later than the time spec-
ified in the subpoena or order for com-
pliance, the DRO may—
(1) Rescind or modify the subpoena or
order if it is unreasonable and oppres-
sive or for other good cause shown, or
(2) Require the party on whose behalf
the subpoena or order was issued to ad-
vance the reasonable cost of producing
documentary evidence. Where cir-
cumstances require, the DRO may act
upon such a motion at any time after a
copy has been served upon all parties.
(f) The party that requests the DRO
to issue a subpoena or order under this
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