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Federal Aviation Administration, DOT
§ 13.207
shall serve a copy of the notice of ap-
pearance on each party, in the manner
provided in § 13.211 of this subpart, be-
fore participating in any proceeding
governed by this subpart. The attorney
or representative shall include the
name, address, and telephone number
of the attorney or representative in the
notice of appearance.
(c) Any person may request a copy of
a document upon payment of reason-
able costs. A person may keep an origi-
nal document, data, or evidence, with
the consent of the administrative law
judge, by substituting a legible copy of
the document for the record.
§ 13.205
Administrative law judges.
(a)
Powers of an administrative law
judge. In accordance with the rules of
this subpart, an administrative law
judge may:
(1) Give notice of, and hold, pre-
hearing conferences and hearings;
(2) Administer oaths and affirma-
tions;
(3) Issue subpoenas authorized by law
and issue notices of deposition re-
quested by the parties;
(4) Rule on offers of proof;
(5) Receive relevant and material evi-
dence;
(6) Regulate the course of the hearing
in accordance with the rules of this
subpart;
(7) Hold conferences to settle or to
simplify the issues by consent of the
parties;
(8) Dispose of procedural motions and
requests; and
(9) Make findings of fact and conclu-
sions of law, and issue an initial deci-
sion.
(b)
Limitations on the power of the ad-
ministrative law judge. The administra-
tive law judge shall not issue an order
of contempt, award costs to any party,
or impose any sanction not specified in
this subpart. If the administrative law
judge imposes any sanction not speci-
fied in this subpart, a party may file an
interlocutory appeal of right with the
FAA decisionmaker pursuant to
§ 13.219(c)(4) of this subpart. This sec-
tion does not preclude an administra-
tive law judge from issuing an order
that bars a person from a specific pro-
ceeding based on a finding of obstrep-
erous or disruptive behavior in that
specific proceeding.
(c)
Disqualification. The administra-
tive law judge may disqualify himself
or herself at any time. A party may file
a motion, pursuant to § 13.218(f)(6), re-
questing that an administrative law
judge be disqualified from the pro-
ceedings.
[Amdt. 13–21, 55 FR 27575, July 3, 1990; 55 FR
29293, July 18, 1990]
§ 13.206
Intervention.
(a) A person may submit a motion for
leave to intervene as a party in a civil
penalty action. Except for good cause
shown, a motion for leave to intervene
shall be submitted not later than 10
days before the hearing.
(b) If the administrative law judge
finds that intervention will not unduly
broaden the issues or delay the pro-
ceedings, the administrative law judge
may grant a motion for leave to inter-
vene if the person will be bound by any
order or decision entered in the action
or the person has a property, financial,
or other legitimate interest that may
not be addressed adequately by the par-
ties. The administrative law judge may
determine the extent to which an in-
tervenor may participate in the pro-
ceedings.
§ 13.207
Certification of documents.
(a)
Signature required. The attorney of
record, the party, or the party’s rep-
resentative shall sign each document
tendered for filing with the hearing
docket clerk, the administrative law
judge, the FAA decisionmaker on ap-
peal, or served on each party.
(b)
Effect of signing a document. By
signing a document, the attorney of
record, the party, or the party’s rep-
resentative certifies that the attorney,
the party, or the party’s representative
has read the document and, based on
reasonable inquiry and to the best of
that person’s knowledge, information,
and belief, the document is—
(1) Consistent with these rules;
(2) Warranted by existing law or that
a good faith argument exists for exten-
sion, modification, or reversal of exist-
ing law; and
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