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167 rows where part_number = 302 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 14:14:4.0.1.2.50.0.16.1 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | § 302.1 Applicability and description of part. | FAA | (a) Applicability. This part governs the conduct of all aviation economic proceedings before the Department whether instituted by order of the Department or by the filing with the Department of an application, complaint, petition, motion, or other authorized or required document. This part also contains delegations to administrative law judges and to the DOT decisionmaker of the Department's function to render the agency decision in certain cases and the procedures for review of those decisions. This part applies unless otherwise specified by order of the Department. (b) Description. Subpart A of this part sets forth general rules applicable to all types of proceedings. Each of the other subparts of this part sets forth special rules applicable to the type of proceedings described in the title of the subpart. Therefore, for information as to applicable rules, reference should be made to subpart A and to the rules in the subpart relating to the particular type of proceeding, if any. In addition, reference should be made to Subtitle VII of Title 49 of the United States Code (Transportation) (“the Statute”), and to the substantive rules, regulations and orders of the Department relating to the proceeding. Wherever there is any conflict between one of the general rules in subpart A and a special rule in another subpart applicable to a particular type of proceeding, the special rule will govern. (c) Reference to part and method of citing rules. This part may be referred to as the “Rules of Practice”. Each section, and any paragraph or subparagraph thereof, may be referred to as a “Rule”. The number of each rule need include only the numbers and letters at the right of the decimal point. For example, “302.7 Service of documents ”, may be referred to as “Rule 7”. | ||||||
| 14:14:4.0.1.2.50.0.16.2 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | § 302.2 Definitions. | FAA | [Docket No. OST-97-2090, 65 FR 6457, Feb. 9, 2000, as amended by Doc. No. DOT-OST-2014-0140, 84 FR 15936, Apr. 16, 2019] | Administrative law judge as used in this part means an administrative law judge appointed pursuant to 5 U.S.C. 3105. DOT Decisionmaker as used in this part is the official authorized to issue final decisions of the Department as set forth in § 302.18. This includes the Assistant Secretary for Aviation and International Affairs, the senior career official in the Office of the Assistant Secretary for Aviation and International Affairs, the Deputy Secretary, and the Secretary. Hearing case or oral hearing case means any proceeding that the Department has determined will be conducted on the record using oral evidentiary procedures subject to 5 U.S.C. 556 and 557. Non-hearing case means any proceeding not involving oral evidentiary procedures. Party as used in this part includes the person initiating a proceeding, such as an applicant, complainant, or petitioner; any person filing an answer to such filing; and any other persons as set forth in § 302.10. | |||||
| 14:14:4.0.1.2.50.1.16.1 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | A | Subpart A—Rules of General Applicability | § 302.3 Filing of documents. | FAA | [Docket No. OST-97-2090, 65 FR 6457, Feb. 9, 2000, as amended by Doc. No. DOT-OST-2014-0140, 84 FR 15936, Apr. 16, 2019] | (a) Filing address, date of filing, hours. (1) Documents required by any section of this part to be filed with the Department must be filed with Department of Transportation Dockets at the Department's offices in Washington, DC. Documents may be filed either on paper or by electronic means using the process set at http://www.regulations.gov . (2) Such documents will be deemed to be filed on the date on which they are actually received by the Department. Documents must be filed between the hours of 9:00 a.m. and 5:00 p.m., eastern standard or daylight savings time, whichever is in effect in the District of Columbia at the time, Monday to Friday, inclusive, except on legal holidays. Electronic filings may be made at any time under the process set by the Department. Electronic filings that are received after the specified Dockets Facility hours shall be deemed to be constructively received on the next Dockets Facility business day. (b) Formal specifications of documents. (1) Documents filed under this part must be on white paper not larger than 8 1/2 by 11 inches, including any tables, charts and other documents that may be included. Ink must be black to provide substantial contrast for scanning and photographic reproduction. Text must be double-spaced (except for footnotes and long quotations which may be single-spaced) using type not smaller than 12 point. The left margin must be at least 1 1/2 inches; all other margins must be at least 1 inch. The title page and first page must bear a clear date and all subsequent pages must bear a page number and abbreviated heading. In order to facilitate automated processing in document sheet feeders, documents of more than one page should be held together with removable metal clips or similar retainers. Original documents may not be bound in any form or include tabs, except in cases assigned by order to an Administrative Law Judge for hearing, in which case the filing requirements will be set by order. Section 302.35 contains additional requirements as to the conte… | |||
| 14:14:4.0.1.2.50.1.16.10 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | A | Subpart A—Rules of General Applicability | § 302.12 Objections to public disclosure of information. | FAA | (a) Generally. Part 7 of the Office of the Secretary regulations, Public Availability of Information, governs the availability of records and documents of the Department to the public. (49 CFR 7.1 et seq. ) (b) Information contained in written documents. Any person who objects to the public disclosure of any information filed in any proceeding, or pursuant to the provisions of 49 U.S.C. Subtitle VII, or any Department rule, regulation, or order, shall segregate, or request the segregation of, such information into a separate submission and shall file it separately in a sealed envelope, bearing the caption of the enclosed submission, and the notation “Confidential Treatment Requested Under § 302.12.” At the time of filing such submission (or, when the objection is made by a person who is not the filer, within five (5) days after the filing of such submission), the objecting party shall file a motion to withhold the information from public disclosure, in accordance with the procedure outlined in paragraph (d) or (f) of this section, as appropriate. Notwithstanding any other provision of this section, copies of the filed submission and of the motion need not be served upon any other party unless so ordered by the Department. (c) Information contained in oral testimony. Any person who objects to the public disclosure of any information sought to be elicited from a witness or deponent on oral examination shall, before such information is disclosed, make his or her objection known. Upon such objection duly made, the witness or deponent shall be compelled to disclose such information only in the presence of the administrative law judge or the person before whom the deposition is being taken, as the case may be, the official stenographer and such attorneys for and representative of each party as the administrative law judge or the person before whom the deposition is being taken shall designate, and after all present have been sworn to secrecy. The transcript of testimony containing such information shall be seg… | ||||
| 14:14:4.0.1.2.50.1.16.11 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | A | Subpart A—Rules of General Applicability | § 302.13 Consolidation of proceedings. | FAA | (a) Initiation of consolidations. The Department, upon its own initiative or upon motion, may consolidate for hearing or for other purposes or may contemporaneously consider two or more proceedings that involve substantially the same parties, or issues that are the same or closely related, if it finds that such consolidation or contemporaneous consideration will be conducive to the proper dispatch of its business and to the ends of justice and will not unduly delay the proceedings. Although the Department may, in any particular case, consolidate or contemporaneously consider two or more proceedings on its own motion, the burden of seeking consolidation or contemporaneous consideration of a particular application shall rest upon the applicant and the Department will not undertake to search its docket for all applications that might be consolidated or contemporaneously considered. (b) Time for filing. Unless the Department has provided otherwise in a particular proceeding, a motion to consolidate or contemporaneously consider an application with any other application shall be filed within 21 days of the original application in the case of international route awards under section 41102 of 49 U.S.C. Subtitle VII ( see § 302.212), or, where a proceeding has been set for hearing before an administrative law judge, not later than the prehearing conference in the proceeding with which consolidation or contemporaneous consideration is requested. If made at such conference, the motion may be oral. All motions for consolidation or consideration of issues that enlarge, expand, or otherwise change the nature of the proceeding shall be addressed to the DOT decisionmaker, unless made orally at the prehearing conference, in which event the presiding administrative law judge shall present such motion to the DOT decisionmaker for his or her decision. A motion that is not timely filed, or that does not relate to an application pending at such time, shall be dismissed unless the movant shall clearly show good cause for failure… | ||||
| 14:14:4.0.1.2.50.1.16.12 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | A | Subpart A—Rules of General Applicability | § 302.14 Petitions for reconsideration. | FAA | (a) Department orders subject to reconsideration; time for filing. (1) Unless an order or a rule of the Department specifically provides otherwise: (i) Any interested person may file a petition for reconsideration of any interlocutory order issued by the Department that institutes a proceeding; and (ii) Any party to a proceeding may file a petition for reconsideration, rehearing, or reargument of final orders issued by the Department ( See § 302.38), or an interlocutory order that defines the scope and issues of a proceeding or suspends a provision of a tariff on file with the Department. (2) Unless otherwise provided, petitions for reconsideration shall be filed, in the case of a final order, within twenty (20) days after service thereof, and, in the case of an interlocutory order, within ten (10) days after service. However, neither the filing nor the granting of such a petition shall operate as a stay of such final or interlocutory order unless specifically so ordered by the DOT decisionmaker. Within ten (10) days after a petition for reconsideration, rehearing, or reargument is filed, any party to the proceeding may file an answer in support of or in opposition. Motions for extension of time to file a petition or answer, and for leave to file a petition or answer after the time for the filing has expired, will not be granted except on a showing of unusual and exceptional circumstances, constituting good cause for the movant's inability to meet the established procedural dates. (b) Contents of petition. A petition for reconsideration, rehearing, or reargument shall state, briefly and specifically, the matters of record alleged to have been erroneously decided, the ground relied upon, and the relief sought. If a decision by the Secretary or Deputy Secretary is requested, the petition should describe in detail the reasons for such request and specify any important national transportation policy issues that are presented. If the petition is based, in whole or in part, on allegations as to the consequence… | ||||
| 14:14:4.0.1.2.50.1.16.13 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | A | Subpart A—Rules of General Applicability | § 302.15 Non-hearing procedures. | FAA | In cases where oral evidentiary hearing procedures will not be used, § 302.17 through § 302.37, relating to hearing procedures, shall not be applicable except to the extent that the DOT decisionmaker shall determine that the application of some or all of such rules in the particular case will be conducive to the proper dispatch of its business and to the public interest. References in these and other sections of this part to powers or actions by administrative law judges shall not apply. | ||||
| 14:14:4.0.1.2.50.1.16.2 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | A | Subpart A—Rules of General Applicability | § 302.4 General requirements as to documents. | FAA | [Docket No. OST-97-2090, 65 FR 6457, Feb. 9, 2000, as amended by Doc. No. DOT-OST-2014-0140, 84 FR 15936, Apr. 16, 2019] | (a) Contents. (1) In case there is no rule, regulation, or order of the Department that prescribes the contents of a formal application, petition, complaint, motion or other authorized or required document, such document shall contain a proper identification of the parties concerned, a concise but complete statement of the facts relied upon and the relief sought, and, where required, such document shall be accompanied by an Energy Statement, in conformity with the provisions of part 313 of this chapter. (2)(i) Each document must include with or provide on its first page: (A) The docket title and subject; (B) The relevant operating administration before which the application or request is filed; (C) The identity of the filer and its filing agent, if applicable; (D) The name and mailing address of the designated agent for service of any documents filed in the proceeding, along with the telephone and facsimile numbers and, if available, electronic mail address of that person; and (E) The title of the specific action being requested. (ii) Department of Transportation Dockets has an Expedited Processing Sheet that filers can use to assist in preparing this index for submission of paper documents, and an electronic registration for electronic filing at http://www.regulations.gov . (3) All documents filed under this part consisting of twenty (20) or more pages must contain a subject index of the matter in such document, with page references. (b) Verification: The following certification shall be included with every pleading filed under this part: “Pursuant to Title 18 United States Code Section 1001, I [ the individual signing the pleading, who shall be a principal owner, senior officer, or internal counsel of the pleader ], in my individual capacity and as the authorized representative of the pleader, have not in any manner knowingly and willfully falsified, concealed or failed to disclose any material fact or made any false, fictitious, or fraudulent statement or knowingly used any documents which contai… | |||
| 14:14:4.0.1.2.50.1.16.3 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | A | Subpart A—Rules of General Applicability | § 302.5 Amendment of documents. | FAA | (a) An application may be amended prior to the filing of answers thereto, or, if no answer is filed, prior to the issuance of an order establishing further procedures, disposing of the application, or setting the case for hearing. Thereafter, applications may be amended only if leave is granted pursuant to the procedures set forth in § 302.11. (b) Except as otherwise provided, if properly amended, a document and any statutory deadline shall be made effective as of the date of original filing but the time prescribed for the filing of an answer or any further responsive document directed towards the amended document shall be computed from the date of the filing of the amendment. | ||||
| 14:14:4.0.1.2.50.1.16.4 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | A | Subpart A—Rules of General Applicability | § 302.6 Responsive documents. | FAA | (a) Answers. Answers to applications, complaints, petitions, motions or other documents or orders instituting proceedings may be filed by any person. In hearing cases, answers may be filed by any party to such proceedings or any person who has a petition for intervention pending. Except as otherwise provided, answers are not required. (b) Further responsive documents. Except as otherwise provided, a reply to an answer, reply to a reply, or any further responsive document is not authorized. (c) Motions for leave to file otherwise unauthorized documents. (1) The Department will accept otherwise unauthorized documents for filing only if leave has been obtained from the DOT decisionmaker or, if applicable, the administrative law judge, on written motion and for good cause shown. (2) Such motions shall contain a concise statement of the matters relied upon as good cause and shall be attached to the pleading or other document for which leave to file is sought, or the written motion may be incorporated into the otherwise unauthorized document for which admission is sought. In such event, the document filed shall be titled to describe both the motion and the underlying documents. (3) Where unauthorized responsive documents are not permitted, all new matter contained in an answer filed pursuant to paragraph (a) of this section shall be deemed controverted. (d) Time for filing. Except as otherwise provided, an answer, motion, or other further responsive document shall be filed within seven (7) days after service of any document, order, or ruling to which the proposed filing is responsive and must be served on all parties to the proceeding. | ||||
| 14:14:4.0.1.2.50.1.16.5 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | A | Subpart A—Rules of General Applicability | § 302.7 Service of documents. | FAA | [Docket No. OST-97-2090, 65 FR 6457, Feb. 9, 2000, as amended by Doc. No. DOT-OST-2014-0140, 84 FR 15936, Apr. 16, 2019] | (a) Who makes service —(1) The Department. Formal complaints, notices, orders, and similar documents issued by the Department will be served by the Department upon all parties to the proceeding. (2) The parties. Answers, petitions, motions, briefs, exceptions, notices, protests, or memoranda, or any other documents filed by any party or other person with the Department shall be served by such party or other person upon all parties to the proceeding in which it is filed; including, where applicable, all persons who have petitioned for intervention in, or consolidation of applications with, such proceeding. Proof of service shall accompany all documents when they are filed. The Department may require additional service of any document(s). (b) How service may be made. Service may be made by first class mail, express mail, priority mail, registered or certified mail, facsimile transmission, personal delivery, or by electronic mail. The Department may prescribe other means of service by order or notice. The means of service selected must be done in such manner so as to have the same attributes as section 46103 of 49 U.S.C. Subtitle VII, which provides for service of notices and processes in a proceeding by personal service or registered or certified mail. (c) Who may be served. Service upon a party or person may be made upon an individual, or upon a member of a partnership or firm to be served, or upon the president or other officer of the corporation, company, firm, or association to be served, or upon the assignee or legal successor of any of the foregoing, or upon any attorney of record for the party, or upon the agent designated by an air carrier or foreign air carrier under section 46103 of 49 U.S.C. Subtitle VII, but it shall be served upon a person designated by a party to receive service of documents in a particular proceeding in accordance with § 302.4(a)(2)(i)(D) once a proceeding has been commenced. (d) Where service may be made. Service shall be made at the principal place of business of the… | |||
| 14:14:4.0.1.2.50.1.16.6 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | A | Subpart A—Rules of General Applicability | § 302.8 Computation of time. | FAA | In computing any period of time prescribed or allowed by this part, by notice, order or regulation or by any applicable statute, the day of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday, or legal holiday for the Department, in which event the period runs until the end of the next day that is neither a Saturday, Sunday, nor holiday. When the period of time prescribed is seven (7) days or fewer, intermediate Saturdays, Sundays, and holidays shall be excluded in the computation, unless otherwise specified by the DOT decisionmaker or the administrative law judge assigned to the proceeding, as the case may be. | ||||
| 14:14:4.0.1.2.50.1.16.7 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | A | Subpart A—Rules of General Applicability | § 302.9 Continuances and extensions of time. | FAA | (a) Whenever a party has the right or obligation to take action within a period prescribed by this part, by a notice given thereunder, or by an order or regulation, the DOT decisionmaker or the administrative law judge assigned to the proceeding, as appropriate, may: (1) Before the expiration of the prescribed period, with or without notice, extend such period, or (2) Upon motion, permit the act to be done after the expiration of the specified period, where good cause for the failure to act on time is clearly shown. (b) Except where an administrative law judge has been assigned to a proceeding, requests for continuance or extensions of time, as described in paragraph (a) of this section, shall be directed to the DOT decisionmaker. Requests for continuances and extensions of time may be directed to the Chief Administrative Law Judge in the absence of the administrative law judge assigned to the proceeding. | ||||
| 14:14:4.0.1.2.50.1.16.8 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | A | Subpart A—Rules of General Applicability | § 302.10 Parties. | FAA | (a) In addition to the persons set forth in § 302.2, in hearing cases, parties shall include Department staff designated to participate in the proceeding and any persons authorized to intervene or granted permission to participate in accordance with §§ 302.19 and 302.20. In any proceeding directly involving air transportation to the Federated States of Micronesia, the Marshall Islands or Palau, these governments or their designated authorities shall be a party. (b) Upon motion and for good cause shown, the Department may order a substitution of parties, except that in case of the death of a party, substitution may be ordered without the filing of a motion. (c) An association composed entirely or in part of air carriers may participate in any proceedings of the Department to which the Department's procedural regulations apply if the association represents members that are identified in any documents filed with the Department, and that have specifically authorized the positions taken by the association in that proceeding. The specific authorizations may be informal and evidence of them shall be provided only upon request of the Department. Upon motion of any interested person or upon its own initiative, the Department may issue an order requiring an association to withdraw from a case on the grounds of significant divergence of interest or position within the association. | ||||
| 14:14:4.0.1.2.50.1.16.9 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | A | Subpart A—Rules of General Applicability | § 302.11 Motions. | FAA | (a) Generally. An application to the DOT decisionmaker or an administrative law judge for an order or ruling not otherwise specifically provided for in this part shall be by motion. If an administrative law judge is assigned to a proceeding and before the issuance of a recommended or initial decision or the certification of the record to the DOT decisionmaker, all motions shall be addressed to the administrative law judge. At all other times, motions shall be addressed to the DOT decisionmaker. All motions shall be made at an appropriate time depending upon the nature thereof and the relief requested therein. This paragraph should not be construed as authorizing motions in the nature of petitions for reconsideration. (b) Form and contents. Unless made during a hearing, motions shall be made in writing in conformity with §§ 302.3 and 302.4, shall state their grounds and the relief or order sought, and shall be accompanied by any affidavits or other evidence desired to be relied upon. Motions made during hearings, answers to them, and rulings on them, may be made orally on the record unless the administrative law judge directs otherwise. Written motions shall be filed as separate documents, and shall not be incorporated in any other documents, except where incorporation of a motion in another document is specifically authorized by the Department, or where a document is filed that requests alternative forms of relief and one of these alternative requests is properly to be made by motion. In these instances the document filed shall be appropriately titled and identified to indicate that it incorporates a motion; otherwise, the motion will be disregarded. (c) Answers to motions. Within seven (7) days after a motion is served, or such other period as the DOT decisionmaker or the administrative law judge may fix, any party to the proceeding may file an answer in support of or in opposition to the motion, accompanied by such affidavits or other evidence as it desires to rely upon. Except as otherwise provided, no… | ||||
| 14:14:4.0.1.2.50.1.17.14 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | A | Subpart A—Rules of General Applicability | § 302.16 Petitions for rulemaking. | FAA | [86 FR 17294, Apr. 2, 2021] | Any interested person may petition the Department for the issuance, amendment, modification, or repeal of any regulation or guidance document, subject to the provisions of 49 CFR 5.3. | |||
| 14:14:4.0.1.2.50.1.18.15 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | A | Subpart A—Rules of General Applicability | § 302.17 Administrative law judges. | FAA | (a) Powers and delegation of authority. (1) An administrative law judge shall have the following powers, in addition to any others specified in this part: (i) To give notice concerning and to hold hearings; (ii) To administer oaths and affirmations; (iii) To examine witnesses; (iv) To issue subpoenas and to take or cause depositions to be taken; (v) To rule upon offers of proof and to receive relevant evidence; (vi) To regulate the course and conduct of the hearing; (vii) To hold conferences before or during the hearing for the settlement or simplification of issues; (viii) To rule on motions and to dispose of procedural requests or similar matters; (ix) To make initial or recommended decisions as provided in § 302.31; (x) To take any other action authorized by this part or by the Statute. (2) The administrative law judge shall have the power to take any other action authorized by part 385 of this chapter or by the Administrative Procedure Act. (3) The administrative law judge assigned to a particular case is delegated the DOT decisionmaker's function of making the agency decision on the substantive and procedural issues remaining for disposition at the close of the hearing in such case, except that this delegation does not apply in cases where the record is certified to the DOT decisionmaker, with or without an initial or recommended decision by the administrative law judge, or in cases requiring Presidential approval under section 41307 of 49 U.S.C. Subtitle VII. This delegation does not apply to the review of rulings by the administrative law judge on interlocutory matters that have been appealed to the DOT decisionmaker in accordance with the requirements of § 302.11. (4) The administrative law judge's authority in each case will terminate either upon the certification of the record in the proceeding to the DOT decisionmaker, or upon the issuance of an initial or recommended decision, or when he or she shall have withdrawn from the case upon considering himself or herself disqualified. (b) Di… | ||||
| 14:14:4.0.1.2.50.1.18.16 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | A | Subpart A—Rules of General Applicability | § 302.18 DOT decisionmaker. | FAA | (a) Assistant Secretary for Aviation and International Affairs. Except as provided in paragraphs (b) and (c) of this section, the Assistant Secretary for Aviation and International Affairs is the DOT decisionmaker. The Assistant Secretary shall have all of the powers set forth in § 302.17(a)(1) and those additional powers delegated by the Secretary. The Assistant Secretary may delegate this authority in appropriate non-hearing cases to subordinate officials. (b) Oral hearing cases assigned to the senior career official. Carrier selection proceedings for international route authority that are set for oral hearing and such other oral hearing cases as the Secretary deems appropriate will be assigned to the senior career official in the Office of the Assistant Secretary for Aviation and International Affairs, who will serve as the DOT decisionmaker. In all such cases, the administrative law judge shall render a recommended decision to the senior career official, who shall have all of the powers set forth in § 302.17(a)(1) and those additional powers delegated by the Secretary. (1) Decisions of the senior career official are subject to review by, and at the discretion of, the Assistant Secretary for Aviation and International Affairs. Petitions for discretionary review of decisions of the senior career official will not be entertained. A notice of review by the Assistant Secretary will establish the procedures for review. Unless a notice of review is issued, the decision of the senior career official will be issued as a final decision of the Department and will be served fourteen (14) days after it is adopted by the senior career official. (2) Final decisions of the senior career official may be reviewed upon a petition for reconsideration filed pursuant to § 302.14. Such a petition shall state clearly the basis for requesting reconsideration and shall specify any questions of national transportation policy that may be involved. The Assistant Secretary will either grant or deny the petition. (3) Upon review or… | ||||
| 14:14:4.0.1.2.50.1.18.17 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | A | Subpart A—Rules of General Applicability | § 302.19 Participation by persons not parties. | FAA | Any person, including any State, subdivision thereof, State aviation commission, or other public body, may appear at any hearing, other than in an enforcement proceeding, and present any evidence that is relevant to the issues. With the consent of the administrative law judge or the DOT decisionmaker, such person may also cross-examine witnesses directly. Such persons may also present to the administrative law judge a written statement on the issues involved in the proceeding. Such written statements shall be filed and served on all parties prior to the close of the hearing. | ||||
| 14:14:4.0.1.2.50.1.18.18 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | A | Subpart A—Rules of General Applicability | § 302.20 Formal intervention. | FAA | (a) Who may intervene. Any person who has a statutory right to be made a party to an oral evidentiary hearing proceeding shall be permitted to intervene. Any person whose intervention will be conducive to the public interest and will not unduly delay the conduct of such proceeding may be permitted to intervene. (b) Considerations relevant to determination of petition to intervene. In passing upon a petition to intervene, the following factors, among other things, will be considered and will be liberally interpreted to facilitate the effective participation by members of the public in Department proceedings: (1) The nature of the petitioner's right under the statute to be made a party to the proceeding; (2) The nature and extent of the property, financial or other interest of the petitioner; (3) The effect of the order that may be entered in the proceeding on petitioner's interest; (4) The availability of other means whereby the petitioner's interest may be protected; (5) The extent to which petitioner's interest will be represented by existing parties; (6) The extent to which petitioner's participation may reasonably be expected to assist in the development of a sound record; and (7) The extent to which participation of the petitioner will broaden the issues or delay the proceeding. (c) Petition to intervene —(1) Contents. Any person desiring to intervene in a proceeding shall file a petition in conformity with this part setting forth the facts and reasons why he or she thinks he or she should be permitted to intervene. The petition should make specific reference to the factors set forth in paragraph (b) of this section. (2) Time for filing. Unless otherwise ordered by the Department: (i) A petition to intervene shall be filed with the Department prior to the first prehearing conference, or, in the event that no such conference is to be held, not later than fifteen (15) days prior to the hearing. (ii) A petition to intervene filed by a city, other public body, or a chamber of commerce shall b… | ||||
| 14:14:4.0.1.2.50.1.18.19 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | A | Subpart A—Rules of General Applicability | § 302.21 Appearances. | FAA | (a) Any party to a proceeding may appear and be heard in person or by a designated representative. (b) No register of persons who may practice before the Department is maintained and no application for admission to practice is required. (c) Any person practicing or desiring to practice before the Department may, upon hearing and good cause shown, be suspended or barred from practicing. | ||||
| 14:14:4.0.1.2.50.1.18.20 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | A | Subpart A—Rules of General Applicability | § 302.22 Prehearing conference. | FAA | (a) Purpose and scope of conference. At the discretion of the administrative law judge, a prehearing conference may be called prior to any hearing. Written notice of the prehearing conference shall be sent by the administrative law judge to all parties to a proceeding and to other persons who appear to have an interest in such proceeding. The purpose of such a conference is to define the issues and the scope of the proceeding, to secure statements of the positions of the parties and amendments to the pleadings, to schedule the exchange of exhibits before the date set for hearing, and to arrive at such agreements as will aid in the conduct and disposition of the proceeding. For example, consideration will be given to: (1) Matters that the DOT decisionmaker can consider without the necessity of proof; (2) Admissions of fact and of the genuineness of documents; (3) Requests for documents; (4) Admissibility of evidence; (5) Limitation of the number of witnesses; (6) Reducing of oral testimony to exhibit form; (7) Procedure at the hearing; and (8) Use of electronic media as a basis for exchange of briefs, hearing transcripts and exhibits, etc., in addition to the official record copy. (b) Actions during prehearing conference. The administrative law judge may require a further conference, or responsive pleadings, or both. If a party refuses to produce documents requested by another party at the conference, the administrative law judge may compel the production of such documents prior to a hearing by subpoena issued in accordance with the provisions of § 302.25 as though at a hearing. Applications for the production prior to hearing of documents in the Department's possession shall be addressed to the administrative law judge, in accordance with the provisions of § 302.25(g), in the same manner as provided therein for production of documents at a hearing. The administrative law judge may also, on his or her own initiative or on motion of any party, direct any party to the proceeding (air carrier or non-air … | ||||
| 14:14:4.0.1.2.50.1.18.21 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | A | Subpart A—Rules of General Applicability | § 302.23 Hearing. | FAA | The administrative law judge to whom the case is assigned or the DOT decisionmaker shall give the parties reasonable notice of a hearing or of the change in the date and place of a hearing and the nature of such hearing. | ||||
| 14:14:4.0.1.2.50.1.18.22 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | A | Subpart A—Rules of General Applicability | § 302.24 Evidence. | FAA | [Docket No. OST-97-2090, 65 FR 6457, Feb. 9, 2000, as amended by Doc. No. DOT-OST-2014-0140, 84 FR 15936, Apr. 16, 2019] | (a) Presenting evidence. Presenting evidence at the hearing shall be limited to material evidence relevant to the issues as drawn by the pleadings or as defined in the report of prehearing conference, subject to such later modifications of the issues as may be necessary to protect the public interest or to prevent injustice, and shall not be unduly repetitious. Evidence shall be presented in such form by all parties as the administrative law judge may direct. (b) Objections to evidence. Objections to the admission or exclusion of evidence shall be in short form, stating the grounds of objections relied upon, and the transcript shall not include argument or debate except as ordered by the administrative law judge. Rulings on such objections shall be a part of the transcript. (c) Exhibits. When exhibits are offered in evidence, one copy must be furnished to each of the parties at the hearing, and two copies to the administrative law judge, unless the parties previously have been furnished with copies or the administrative law judge directs otherwise. If the administrative law judge has not fixed a time for the exchange of exhibits, the parties shall exchange copies of exhibits at the earliest practicable time, preferably before the hearing or, at the latest, at the commencement of the hearing. Copies of exhibits may, at the discretion of the administrative law judge or the DOT decisionmaker, be furnished by use of electronic media in lieu of or in addition to a paper record copy. (d) Substitution of copies for original exhibits. In his or her discretion, the administrative law judge may permit a party to withdraw original documents offered in evidence and substitute true copies in lieu thereof. (e) Designation of parts of documents. When relevant and material matter offered in evidence by any party is embraced in a book, paper, or document containing other matter not material or relevant, the party offering the same shall plainly designate the matter so offered. The immaterial and irrelevant parts sha… | |||
| 14:14:4.0.1.2.50.1.18.23 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | A | Subpart A—Rules of General Applicability | § 302.25 Subpoenas. | FAA | (a) An application for a subpoena requiring the attendance of a witness at a hearing or the production of documentary evidence may be made without notice by any party to the administrative law judge or, in the event that an administrative law judge has not been assigned to a proceeding or is not available, to the DOT decisionmaker or the Chief Administrative Law Judge, for action. (b) An application for a subpoena shall be in duplicate except that if it is made during the course of a hearing, it may be made orally on the record with the consent of the administrative law judge. (c) All such applications, whether written or oral, shall contain a statement or showing of general relevance and reasonable scope of the evidence sought, and shall be accompanied by two copies of a draft of the subpoena sought that, in the case of evidence, shall describe the documentary or tangible evidence to be subpoenaed with as much particularity as is feasible, or, in the case of a witness, the name of the witness and a general description of the matters concerning which the witness will be asked to testify. (d) The administrative law judge or DOT decisionmaker considering any application for a subpoena shall issue the subpoena requested if the application complies with this section. No attempt shall be made to determine the admissibility of evidence in passing upon an application for a subpoena, and no detailed or burdensome showing shall be required as a condition to the issuance of a subpoena. (e) Where it appears during the course of a proceeding that the testimony of a witness or documentary evidence is relevant to the issues in a proceeding, the administrative law judge, Chief Administrative Law Judge or DOT decisionmaker may issue on his or her own initiative a subpoena requiring such witness to attend and testify or requiring the production of such documentary evidence. (f) Subpoenas issued under this section shall be served upon the person to whom directed in accordance with § 302.7(b). Any person upon whom a subpoena i… | ||||
| 14:14:4.0.1.2.50.1.18.24 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | A | Subpart A—Rules of General Applicability | § 302.26 Depositions. | FAA | (a) For good cause shown, the DOT decisionmaker or administrative law judge assigned to a proceeding may order that the testimony of a witness be taken by deposition and that the witness produce documentary evidence in connection with such testimony. Ordinarily an order to take the deposition of a witness will be entered only if: (1) The person whose deposition is to be taken would be unavailable at the hearing, (2) The deposition is deemed necessary to perpetuate the testimony of the witness, or (3) The taking of the deposition is necessary to prevent undue and excessive expense to a party and will not result in an undue burden to other parties or in undue delay. (b) Any party desiring to take the deposition of a witness shall make application therefor in duplicate to the administrative law judge or, in the event that an administrative law judge has not been assigned to a proceeding or is not available, to the DOT decisionmaker or Chief Administrative Law Judge, setting forth the reasons why such deposition should be taken, the name and residence of the witness, the time and place proposed for the taking of the deposition, and a general description of the matters concerning which the witness will be asked to testify. If good cause be shown, the administrative law judge, the DOT decisionmaker, or the Chief Administrative Law Judge, as the case may be, may, in his or her discretion, issue an order authorizing such deposition and specifying the witness whose deposition is to be taken, the general scope of the testimony to be taken, the time when, the place where, the designated officer (authorized to take oaths) before whom the witness is to testify, and the number of copies of the deposition to be supplied. Such order shall be served upon all parties by the person proposing to take the deposition a reasonable period in advance of the time fixed for taking testimony. (c) Witnesses whose testimony is taken by deposition shall be sworn or shall affirm before any questions are put to them. Each question shall be … | ||||
| 14:14:4.0.1.2.50.1.18.25 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | A | Subpart A—Rules of General Applicability | § 302.27 Rights of witnesses; attendance fees and mileage. | FAA | (a) Any person appearing as a witness in any proceeding governed by this part, whether in response to a subpoena or by request or permission of the Department, may be accompanied, represented, and advised by counsel and may be examined by that counsel after other questioning. (b) Any person who submits data or evidence in a proceeding governed by this part, whether in response to a subpoena or by request or permission of the Department, may retain, or, on payment of lawfully prescribed costs, procure, a copy of any document so submitted or a copy of any transcript made of such testimony. (c) No person whose attendance at a hearing or whose deposition is to be taken shall be obliged to respond to a subpoena unless upon a service of the subpoena he or she is tendered attendance fees and mileage by the party at whose instance he or she is called in accordance with the requirements of paragraphs (c)(1) and (2) of this section; Provided, That a witness summoned at the instance of the Department or one of its employees, or a salaried employee of the United States summoned to testify as to matters related to his or her public employment, need not be tendered such fees or mileage at that time. (1) Witnesses who are not salaried employees of the United States, or such employees summoned to testify on matters not related to their public employment, shall be paid the same per diem, subsistence, and mileage fees paid to witnesses for like service in the courts of the United States that are in effect at the time of travel; Provided, That no employee, officer, or attorney of an air carrier who travels under the free or reduced rate provisions of section 41511 of 49 U.S.C. Subtitle VII shall be entitled to any fees or mileage; And provided further, That such fees and mileage shall not be applicable for witnesses summoned to testify in Alaska, and that, in Alaska, where permitted by section 41511 of 49 U.S.C. Subtitle VII, the witness may, at his or her option, accept a pass for travel by air. Such witnesses shall be fu… | ||||
| 14:14:4.0.1.2.50.1.18.26 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | A | Subpart A—Rules of General Applicability | § 302.28 Transcripts of hearings. | FAA | (a) Hearings shall be recorded and transcribed under supervision of the administrative law judge, by a reporting firm under contract with the Department. Copies of the transcript that may, at the discretion of the administrative law judge, be furnished by use of electronic media in addition to the official copy, shall be supplied to the parties to the proceeding by said reporting firm, at the contract price for copies. (b) The administrative law judge shall determine whether “ordinary transcript” or “daily transcript” (as those terms are defined in the contract) will be necessary and required for the proper conduct of the proceeding and the Department will pay the reporting firm the cost of reporting its proceedings at the contract price for such type of transcript. If the administrative law judge has determined that ordinary transcript is adequate, and has notified the parties of such determination (in the notice of hearings, or otherwise), then any party may request reconsideration of such determination and that daily transcript be required. In determining what is necessary and required for the proper conduct of the proceeding, the administrative law judge shall consider, among other things: (1) The nature of the proceeding itself; (2) The DOT decisionmaker's needs as well as the reasonable needs of the parties; (3) The cost to the Department; and (4) The requirements of a fair hearing. (c) If the administrative law judge has determined that ordinary transcript is adequate, or, upon reconsideration, has adhered to such determination, then any party may request the reporting firm to provide daily transcript. In that case, pursuant to its contract with the Department, the reporting firm will be obligated to furnish to the Department daily transcript upon the agreement by the requesting party to pay to the reporting firm an amount equal to the difference between the contract prices for ordinary transcript and daily transcript, provided that the requesting party makes such agreement with the reporting firm at… | ||||
| 14:14:4.0.1.2.50.1.18.27 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | A | Subpart A—Rules of General Applicability | § 302.29 Argument before the administrative law judge. | FAA | (a) The administrative law judge shall give the parties to the proceeding adequate opportunity during the course of the hearing for the presentation of arguments in support of or in opposition to motions, and objections and exceptions to rulings of the administrative law judge. (b) When, in the opinion of the administrative law judge, the volume of the evidence or the importance or complexity of the issues involved warrants, he or she may, either on his or her own motion or at the request of a party, permit the presentation of oral argument, and may impose such time limits on the argument as he or she may determine appropriate. Such argument shall be transcribed and bound with the transcript of testimony and will be available to the Department decisionmaker for consideration in deciding the case. | ||||
| 14:14:4.0.1.2.50.1.18.28 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | A | Subpart A—Rules of General Applicability | § 302.30 Briefs to the administrative law judge. | FAA | Within such limited time after the close of the reception of evidence fixed by the administrative law judge, any party may, upon request and under such conditions as the administrative law judge may prescribe, file for his or her consideration briefs which may include proposed findings of fact and conclusions of law that shall contain exact references to the record and authorities relied upon. | ||||
| 14:14:4.0.1.2.50.1.18.29 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | A | Subpart A—Rules of General Applicability | § 302.31 Initial and recommended decisions; certification of the record. | FAA | (a) Action by administrative law judge after hearing. Except where the DOT decisionmaker directs otherwise, after the taking of evidence and the receipt of briefs which may include proposed findings of fact and conclusions of law, if any, the administrative law judge shall take the following action: (1) Initial decision. If the proceeding does not involve foreign air transportation, the administrative law judge shall render an “initial decision.” Such decision shall encompass the administrative law judge's decision on the merits of the proceeding and on all ancillary procedural issues remaining for disposition at the close of the hearing. (2) Recommended decision. In cases where the action of the Department involves foreign air transportation and is subject to review by the President of the United States pursuant to section 41307 of 49 U.S.C. Subtitle VII, the administrative law judge shall render a “recommended decision.” Such decision shall encompass the administrative law judge's decision on the merits of the proceeding and on all ancillary procedural issues remaining for disposition at the close of the hearing. (b) Certification to the DOT decisionmaker for decision. At any time prior to the close of the hearing, the DOT decisionmaker may direct the administrative law judge to certify any question or the entire record in the proceeding to the DOT decisionmaker for decision. In cases where the record is thus certified, the administrative law judge shall not render a decision but shall make a recommendation to the DOT decisionmaker as required by section 8(a) of the Administrative Procedure Act (5 U.S.C. 558(a)) unless advised by the DOT decisionmaker that he or she intends to issue a tentative decision. (c) Every initial or recommended decision issued shall state the names of the persons who are to be served with copies of it, the time within which exceptions to, or petitions for review of, such decision may be filed, and the time within which briefs in support of the exceptions may be filed. In ad… | ||||
| 14:14:4.0.1.2.50.1.18.30 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | A | Subpart A—Rules of General Applicability | § 302.32 Petitions for discretionary review of initial or recommended decisions; review proceedings. | FAA | (a) Petitions for discretionary review. (1) Review by the DOT decisionmaker pursuant to this section is not a matter of right but is at the sole discretion of the DOT decisionmaker. Any party may file and serve a petition for discretionary review by the DOT decisionmaker of an initial decision or recommended decision within twenty-one (21) days after service thereof, unless the DOT decisionmaker sets a different period for filing. (2) Petitions for discretionary review shall be filed only upon one or more of the following grounds: (i) A finding of a material fact is erroneous; (ii) A necessary legal conclusion is without governing precedent or is a departure from or contrary to law, the Department's rules, or precedent; (iii) A substantial and important question of law, policy or discretion is involved; or (iv) A prejudicial procedural error has occurred. (3) Each issue shall be separately numbered and plainly and concisely stated. Petitioners shall not restate the same point in repetitive discussions of an issue. Each issue shall be supported by detailed citations of the record when objections are based on the record, and by statutes, regulations or principal authorities relied upon. Any matters of fact or law not argued before the administrative law judge, but that the petitioner proposes to argue on brief to the DOT decisionmaker, shall be stated. (4) Petitions for discretionary review shall be self-contained and shall not incorporate by reference any part of another document. Except by permission of the DOT decisionmaker, petitions shall not exceed twenty (20) pages including appendices and other papers physically attached to the petition. (5) Requests for oral argument on petitions for discretionary review will not be entertained by the DOT decisionmaker. (b) Answers. Within fifteen (15) days after service of a petition for discretionary review, any party may file and serve an answer of not more than fifteen (15) pages in support of or in opposition to the petition. If any party desires to answe… | ||||
| 14:14:4.0.1.2.50.1.18.31 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | A | Subpart A—Rules of General Applicability | § 302.33 Tentative decision of the DOT decisionmaker. | FAA | (a) Except as provided in paragraph (b) of this section, whenever the administrative law judge certifies the record in a proceeding directly to the DOT decisionmaker without issuing an initial or recommended decision in the matter, the DOT decisionmaker shall, after consideration of any briefs submitted by the parties, prepare a tentative decision and serve it upon the parties. Every tentative decision of the DOT decisionmaker shall state the names of the persons who are to receive copies of it, the time within which exceptions to such decision and briefs, if any, in support of or in opposition to the exceptions may be filed, and the date when such decision will become final in the absence of exceptions thereto. If no exceptions are filed to the tentative decision of the DOT decisionmaker within the period fixed, it shall become final at the expiration of such period unless the DOT decisionmaker orders otherwise. (b) The DOT decisionmaker may, in his or her discretion, omit a tentative decision in proceedings under subpart B. Final decisions of the DOT decisionmaker are subject to review as provided in § 302.18. | ||||
| 14:14:4.0.1.2.50.1.18.32 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | A | Subpart A—Rules of General Applicability | § 302.34 Exceptions to tentative decisions of the DOT decisionmaker. | FAA | (a) Time for filing. Within ten (10) days after service of any tentative decision of the DOT decisionmaker, any party to a proceeding may file exceptions to such decision with the DOT decisionmaker. (b) Form and contents of exceptions. Each exception shall be separately numbered and shall be stated as a separate point, and appellants shall not restate the same point in several exceptions. Each exception shall state, sufficiently identify, and be limited to, an ultimate conclusion in the decision to which exception is taken (such as, selection of one carrier rather than another to serve any point or points; points included in or excluded from a new route; imposition or failure to impose a given restriction; determination of a rate at a given amount rather than another). No specific exception shall be taken with respect to underlying findings or statements, but exceptions to an ultimate conclusion shall be deemed to include exceptions to all underlying findings and statements pertaining thereto; Provided, however, That exceptions shall specify any matters of law, fact, or policy that were not argued before the administrative law judge but will be set forth for the first time on brief to the DOT decisionmaker. (c) Effect of failure to file timely and adequate exceptions. No objection may be made on brief or at a later time to an ultimate conclusion that is not expressly made the subject of an exception in compliance with the provisions of this section; Provided, however, That any party may file a brief in support of the decision and in opposition to the exceptions filed by any other party. | ||||
| 14:14:4.0.1.2.50.1.18.33 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | A | Subpart A—Rules of General Applicability | § 302.35 Briefs to the DOT decisionmaker. | FAA | (a) Time for filing. Within such period after the date of service of any tentative decision by the DOT decisionmaker as may be fixed therein, any party may file a brief addressed to the DOT decisionmaker in support of his or her exceptions to such decision or in opposition to the exceptions filed by any other party. Briefs to the DOT decisionmaker on initial or recommended decisions of administrative law judges shall be filed only in those cases where the DOT decisionmaker grants discretionary review and orders further proceedings, pursuant to § 302.32(d)(2), and only upon those issues specified in the order. Such briefs shall be filed within thirty (30) days after date of service of the order granting discretionary review unless otherwise specified in the order. In cases where, because of the limited number of parties and the nature of the issues, the filing of opening, answering, and reply briefs will not unduly delay the proceeding and will assist in its proper disposition, the DOT decisionmaker may direct that the parties file briefs at different times rather than at the same time. (b) Effect of failure to restate objections in briefs. In determining the merits of an appeal, the DOT decisionmaker will not consider the exceptions or the petition for discretionary review but will consider only the brief. Each objection contained in the exceptions or each issue specified in the DOT decisionmaker's order exercising discretionary review must be restated and supported by a statement and adequate discussion of all matters relied upon, in a brief filed pursuant to and in compliance with the requirements of this section. (c) Formal specifications of briefs —(1) Contents. Each brief shall discuss every point of law, fact, or precedent that the party submitting it is entitled to raise and that it wishes the DOT decisionmaker to consider. Each brief shall include a summary of the argument not to exceed five (5) pages. Support and justification for every point raised shall include itemized references to the pages… | ||||
| 14:14:4.0.1.2.50.1.18.34 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | A | Subpart A—Rules of General Applicability | § 302.36 Oral argument before the DOT decisionmaker. | FAA | (a) If any party desires to argue a case orally before the DOT decisionmaker, he or she shall request leave to make such argument in his or her exceptions or brief. Such request shall be filed no later than the date when briefs before the DOT decisionmaker are due in the proceeding. The DOT decisionmaker will rule on such request, and, if oral argument is to be allowed, all parties to the proceeding will be advised of the date and hour set for such argument and the amount of time allowed to each party. Requests for oral argument on petitions for discretionary review will not be entertained. (b) Pamphlets, charts, and other written data may be offered to the DOT decisionmaker at oral argument only in accordance with the following rules: All such material shall be limited to facts in the record of the case being argued and shall be served on all parties to the proceeding with four (4) copies transmitted to Department of Transportation Dockets at least five (5) calendar days in advance of the argument. | ||||
| 14:14:4.0.1.2.50.1.18.35 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | A | Subpart A—Rules of General Applicability | § 302.37 Waiver of procedural steps after hearing. | FAA | The parties to any proceeding may agree to waive any one or more of the procedural steps provided in § 302.29 through § 302.36. | ||||
| 14:14:4.0.1.2.50.1.18.36 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | A | Subpart A—Rules of General Applicability | § 302.38 Final decision of the DOT Decisionmaker. | FAA | When a case stands submitted to the DOT decisionmaker for final decision on the merits, he or she will dispose of the issues presented by entering an appropriate order that will include a statement of the reasons for his or her findings and conclusions. Such orders shall be deemed “final orders” within the purview of § 302.14(a), in the manner provided by § 302.18. | ||||
| 14:14:4.0.1.2.50.2.19.1 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | B | Subpart B—Rules Applicable to U.S. Air Carrier Certificate and Foreign Air Carrier Permit Licensing Proceedings | § 302.201 Applicability. | FAA | (a) This subpart sets forth the specific rules applicable to proceedings on: (1) U.S. air carrier certificates of public convenience and necessity and U.S. all-cargo air service certificates under Chapter 411 of 49 U.S.C. Subtitle VII, including renewals, amendments, modifications, suspensions and transfers of such certificates. (2) Foreign air carrier permits under Chapter 413 of 49 U.S.C. Subtitle VII , including renewals, amendments, modifications, suspensions, and transfers of such permits. (b) Except as modified by this subpart, the provisions of subpart A of this part apply. | ||||
| 14:14:4.0.1.2.50.2.19.10 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | B | Subpart B—Rules Applicable to U.S. Air Carrier Certificate and Foreign Air Carrier Permit Licensing Proceedings | § 302.210 Disposition of applications; orders establishing further procedures. | FAA | (a) General requirements. The DOT decisionmaker will take one of the following actions with respect to all or any portion of each application: (1) Issue an Order to Show Cause why the application should not be granted, denied or dismissed, in whole or in part. (2) Issue a Final Order granting the application if the DOT decisionmaker determines that there are no material issues of fact that warrant further procedures for their resolution. (3) Issue a Final Order dismissing or rejecting the application for lack of prosecution or if the application does not comply with this subpart or is otherwise materially deficient. (4) Issue an order setting the application for oral evidentiary hearing. The order will establish the scope of the issues to be considered and the procedures to be employed, and will indicate whether one or more attorneys from the Office of the Assistant General Counsel for Aviation Enforcement and Proceedings will participate as a party. All of the procedures set forth in §§ 302.214 through 302.218 will apply unless the DOT decisionmaker decides otherwise. (5) Begin to make a determination with respect to the application under simplified procedures without oral evidentiary hearing. In this event, the DOT decisionmaker may indicate which, if any, of the procedural steps set forth in §§ 302.215 through 302.219 will be employed. The DOT decisionmaker may also indicate that other non-oral evidentiary hearing procedures will be employed. (b) Additional evidence. An order establishing further procedures under paragraph (a)(1), (4) or (5) of this section may provide for the filing of additional evidence. (c) Petitions for reconsideration. Petitions for reconsideration of an order issued under this section will not be entertained except to the extent that the order dismissed or rejected all or part of an application. If a petition for reconsideration results in the reinstatement of all or part of an application, the deadline for final Department decision established in § 302.220 will be calculat… | ||||
| 14:14:4.0.1.2.50.2.19.11 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | B | Subpart B—Rules Applicable to U.S. Air Carrier Certificate and Foreign Air Carrier Permit Licensing Proceedings | § 302.211 Procedures in certificate cases involving initial or continuing fitness. | FAA | (a) Applicability. This section applies to cases involving certificate authority under sections 41102 and 41103 of 49 U.S.C. Subtitle VII , including applications for new authority, renewals, amendments, modifications, suspensions, and transfers of such certificates, where the issues involve a determination of the applicant's fitness to operate. Where such applications propose the operation of scheduled service in limited entry international markets, the provisions of § 302.212 also apply. (b) Order establishing further procedures. Within 90 days after a complete application is filed, the DOT decisionmaker will take action as provided in § 302.210. | ||||
| 14:14:4.0.1.2.50.2.19.12 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | B | Subpart B—Rules Applicable to U.S. Air Carrier Certificate and Foreign Air Carrier Permit Licensing Proceedings | § 302.212 Procedures in certificate cases involving international routes. | FAA | (a) Applicability. This section applies to cases involving certificates under section 41102 of 49 U.S.C. Subtitle VII that involve international routes, including applications to obtain, renew, amend, transfer, or remove restrictions in such certificates. (b) Answers to applications. Answers shall be filed within twenty one (21) days after the filing of the original application. (c) Conforming applications or motions to modify scope. Any person may file an application for the same authority as sought in an application to obtain, renew, or amend a certificate filed under paragraph (a) of this section. Requests to modify the issues to be decided and to consolidate applications filed in other dockets shall be filed as a “motion to modify scope.” Motions and applications under this section shall include economic data, other facts, and any argument in support of the person's position and must be filed within twenty one (21) days after the original application is filed. Later-filed competing applications shall conform to the base and forecast years used by the original applicant and need not contain traffic and financial data for markets for which data have already been submitted by another person. (d) Answers to conforming applications or motions to modify scope. Answers to conforming applications and motions to modify scope filed in accordance with paragraph (b) of this section shall be filed within fourteen (14) days after the filing of the conforming application or motion. Answers may argue that an application should be dismissed. Answers may also seek to consolidate an application filed in another docket if that application conforms to the scope of the proceeding proposed in the motion to modify scope and includes the information prescribed in § 302.202. Answers and applications shall not, however, propose the consideration of additional markets. (e) Order establishing further procedures. Within 90 days after a complete application is filed, the DOT decisionmaker will issue an order as provided in § … | ||||
| 14:14:4.0.1.2.50.2.19.13 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | B | Subpart B—Rules Applicable to U.S. Air Carrier Certificate and Foreign Air Carrier Permit Licensing Proceedings | § 302.213 Procedures in foreign air carrier permit cases. | FAA | (a) Applicability. This section applies to cases involving foreign air carrier permits under section 41302 of 49 U.S.C. Subtitle VII, including applications for new authority, renewals, amendments, modifications, suspensions, and transfers of such permits. (b) Executive departments. In addition to the standards set forth in § 302.207(b), the views of other executive agencies, such as the Department of State, and the Federal Aviation Administration's evaluation of the applicant's operational fitness, may be sought in determining the appropriate action on applications filed under this section. (c) Order establishing further procedures. As soon as possible after the date that answers are due and all information needed to reach a decision is filed, the DOT decisionmaker will issue an order as provided in § 302.210. | ||||
| 14:14:4.0.1.2.50.2.19.14 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | B | Subpart B—Rules Applicable to U.S. Air Carrier Certificate and Foreign Air Carrier Permit Licensing Proceedings | § 302.214 Oral evidentiary hearing. | FAA | If the DOT decisionmaker determines under § 302.210(a)(4) that an oral evidentiary hearing should be held, the application or applications will be set for oral hearing before an administrative law judge. The issues will be those set forth in the order establishing further procedures. The procedures in §§ 302.17 to 302.38 governing the conduct of oral evidentiary hearings will apply. | ||||
| 14:14:4.0.1.2.50.2.19.15 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | B | Subpart B—Rules Applicable to U.S. Air Carrier Certificate and Foreign Air Carrier Permit Licensing Proceedings | § 302.215 Briefs to the administrative law judge. | FAA | Briefs to the administrative law judge shall be filed within the following periods, as applicable: (a) Fourteen (14) days after the close of the oral evidentiary hearing, unless the administrative law judge determines that, under the circumstances of the case, briefs are not necessary or that the parties will require more time to prepare briefs; or (b) Fourteen (14) days after the filing of additional evidence called for in the order establishing further procedures if no oral evidentiary hearing is called for, unless the DOT decisionmaker determines that some other period should be allowed. | ||||
| 14:14:4.0.1.2.50.2.19.16 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | B | Subpart B—Rules Applicable to U.S. Air Carrier Certificate and Foreign Air Carrier Permit Licensing Proceedings | § 302.216 Administrative law judge's initial or recommended decision. | FAA | (a) In a case that has been set for oral evidentiary hearing under § 302.210(a)(4), the administrative law judge shall adopt and serve an initial or recommended decision within one hundred thirty-six (136) days after the issuance of the order establishing further procedures unless: (1) The DOT decisionmaker, having found extraordinary circumstances, has by order delayed the initial or recommended decision by a period of not more than thirty (30) days; or (2) An applicant has failed to meet the procedural schedule adopted by the judge or the DOT decisionmaker. In this case, the administrative law judge may, by notice, extend the due date for the issuance of an initial or recommended decision for a period not to exceed the period of delay caused by the applicant. (b) In a case in which some of the issues have not been set for oral hearing under § 302.210(a)(4), the administrative law judge shall adopt and serve an initial or recommended decision within the time established by the DOT decisionmaker in the order establishing further procedures, except that that due date may be extended in accordance with paragraph (a)(2) of this section. (c) The initial or recommended decision shall be issued by the administrative law judge fourteen (14) days after it is served. Unless exceptions are filed under § 302.217 or the DOT decisionmaker issues an order to review on his or her own initiative, an initial decision shall become effective as the final order of the Department the day it is issued. Where exceptions are timely filed or the DOT decisionmaker takes action to review on his or her own initiative, the effectiveness of the initial decision is stayed until further order of the DOT decisionmaker. (d) In all other respects, the provisions of § 302.31 shall apply. | ||||
| 14:14:4.0.1.2.50.2.19.17 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | B | Subpart B—Rules Applicable to U.S. Air Carrier Certificate and Foreign Air Carrier Permit Licensing Proceedings | § 302.217 Exceptions to administrative law judge's initial or recommended decision. | FAA | (a) Within seven (7) days after service of any initial or recommended decision of an administrative law judge, any party may file exceptions to the decision with the DOT decisionmaker. (b) If timely and adequate exceptions are filed, review of the initial or recommended decision is automatic. (c) In all other respects, the provisions of § 302.34 shall apply. | ||||
| 14:14:4.0.1.2.50.2.19.18 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | B | Subpart B—Rules Applicable to U.S. Air Carrier Certificate and Foreign Air Carrier Permit Licensing Proceedings | § 302.218 Briefs to the DOT decisionmaker. | FAA | (a) In a case in which an initial or recommended decision has been served and exceptions have been filed, any party may file a brief in support of or in opposition to any exceptions. Such briefs shall be filed within fourteen (14) days after service of the initial or recommended decision. (b) In a case in which no exceptions have been filed, briefs shall not be filed unless the DOT decisionmaker has taken review of the initial or recommended decision on his or her own initiative and has specifically provided for the filing of such briefs. (c) In all other respect, the provisions of § 302.35 shall apply. | ||||
| 14:14:4.0.1.2.50.2.19.19 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | B | Subpart B—Rules Applicable to U.S. Air Carrier Certificate and Foreign Air Carrier Permit Licensing Proceedings | § 302.219 Oral argument before the DOT decisionmaker. | FAA | If the order establishing further procedures provides for an oral argument, or if the DOT decisionmaker otherwise decides to hear oral argument, all parties will be notified of the date and hour set for that argument and the amount of time allowed each party. The provisions of § 302.36(b) shall also apply. | ||||
| 14:14:4.0.1.2.50.2.19.2 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | B | Subpart B—Rules Applicable to U.S. Air Carrier Certificate and Foreign Air Carrier Permit Licensing Proceedings | § 302.202 Contents of applications. | FAA | (a) Certificate applications filed under this subpart shall contain the information required by part 201 of this chapter and, where applicable, part 204 of this chapter, and foreign air carrier permit applications shall contain the information required by part 211 of this chapter, along with any other information that the applicant desires the Department to notice officially. (b) Applications shall include a notice on the cover page stating that any person may support or oppose the application by filing an answer and serving a copy of the answer on all persons served with the application. The notice shall also state the due date for answers. Amendments to applications will be considered new applications for the purpose of calculating the time limitations of this subsection. (c) Applications shall include a list of the names and addresses of all persons who have been served in accordance with § 302.203. (d) Where required, each application shall be accompanied by an Energy Statement in conformity with part 313 of this chapter. | ||||
| 14:14:4.0.1.2.50.2.19.20 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | B | Subpart B—Rules Applicable to U.S. Air Carrier Certificate and Foreign Air Carrier Permit Licensing Proceedings | § 302.220 Final decision of the Department. | FAA | In addition to the provisions of § 302.38, the following provisions shall apply: (a) In the case of a certificate application that has been set for oral evidentiary hearing under § 302.210(a)(4), the Department will issue its final order within ninety (90) days after the initial or recommended decision is issued. If an application has failed to meet the procedural schedule established by the Department, the DOT decisionmaker may, by notice, extend the date for a final decision for a period equal to the period of delay caused by the applicant. (b) If the DOT decisionmaker does not act in the time period established in paragraph (a) of this section: (1) in the case of an application for a certificate to engage in foreign air transportation, the recommended decision shall be transmitted to the President of the United States under 49 U.S.C. 41307; or (2) in the case of an application not subject to review by the President of the United States, the initial decision shall become effective as the final order of the Department. (c) In the case of a certificate application that has been processed under § 302.210(a)(1) or (5), the Department will issue its final order within one hundred eighty (180) days after the order establishing further procedures. If an applicant has failed to meet the procedural schedule established by the Department, the DOT decisionmaker may, by notice, extend the due date for a final decision for a period equal to the period of delay caused by the applicant. | ||||
| 14:14:4.0.1.2.50.2.19.3 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | B | Subpart B—Rules Applicable to U.S. Air Carrier Certificate and Foreign Air Carrier Permit Licensing Proceedings | § 302.203 Service of documents. | FAA | (a) General requirements. (1) Applicants shall serve on the persons listed in paragraph (b) of this section a notice that an application has been filed, and upon request shall promptly provide those persons with copies of the application and supporting documents. The notice must clearly state the authority sought and the due date for other pleadings. (2) Applicants shall serve a complete copy of the application on the Manager of the FAA Flight Standards District Office responsible for processing the application for any FAA authority needed to conduct the proposed operations. (3) After an order under § 302.210 has been issued, parties need only serve documents on those persons listed in the service list accompanying the order. (4) In the case of an application sought to be consolidated, the applicant shall serve the notice required in paragraph (a)(1) of this section on all persons served by the original applicant. (b) Persons to be served —(1) U.S. air carriers. (i) In certificate proceedings, except for those proceedings that involve charter-only authority under section 41102(a)(3) of 49 U.S.C. Subtitle VII: (A) Applicants for certificates to engage in interstate air transportation and other persons who file a pleading in the docket shall serve: ( 1 ) The airport authority of each airport that the applicant initially proposes to serve, and ( 2 ) Any other person who has filed a pleading in the docket. (B) Applicants for certificates to engage in foreign air transportation and other persons who file a pleading in the docket shall serve: ( 1 ) All U.S. air carriers (including commuter air carriers) that publish schedules in the Official Airline Guide or in the Air Cargo Guide for the country-pair market(s) specified in the application, ( 2 ) The airport authority of each U.S. airport that the applicant initially proposes to serve, and ( 3 ) Any other person who has filed a pleading in the docket. (ii) In certificate proceedings involving charter-only authority under 41102(a)(3) of 49 U.S.C. Su… | ||||
| 14:14:4.0.1.2.50.2.19.4 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | B | Subpart B—Rules Applicable to U.S. Air Carrier Certificate and Foreign Air Carrier Permit Licensing Proceedings | § 302.204 Responsive documents. | FAA | (a) Any person may file an answer in support of or in opposition to any application. Answers shall set forth the basis for the position taken, including any economic data or other facts relied on. Except as otherwise provided in § 302.212(d), answers shall be filed within twenty one (21) days of the original or amended application and shall be served in accordance with § 302.203. (b) Replies to answers shall be filed within fourteen (14) days after the filing of the answer. (c) Persons having common interests shall, to the extent practicable, arrange for the joint preparation of pleadings. | ||||
| 14:14:4.0.1.2.50.2.19.5 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | B | Subpart B—Rules Applicable to U.S. Air Carrier Certificate and Foreign Air Carrier Permit Licensing Proceedings | § 302.205 Economic data and other facts. | FAA | Whenever economic data and other facts are provided in any pleading, such information shall include enough detail so that final results can be obtained without further clarification. Sources, bases, and methodology used in constructing exhibits, including any estimates or judgments, shall be provided. | ||||
| 14:14:4.0.1.2.50.2.19.6 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | B | Subpart B—Rules Applicable to U.S. Air Carrier Certificate and Foreign Air Carrier Permit Licensing Proceedings | § 302.206 Verification. | FAA | Any pleading filed under this subpart shall include a certification as provided in § 302.4(b). | ||||
| 14:14:4.0.1.2.50.2.19.7 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | B | Subpart B—Rules Applicable to U.S. Air Carrier Certificate and Foreign Air Carrier Permit Licensing Proceedings | § 302.207 Cases to be decided on written submissions. | FAA | (a) Applications under this subpart will be decided on the basis of written submissions unless the DOT decisionmaker, on petition as provided in § 302.208 or on his or her own initiative, determines that an oral presentation or an administrative law judge's decision is required because: (1) Use of written procedures will prejudice a party; (2) Material issues of decisional fact cannot adequately be resolved without oral evidentiary hearing procedures; or (3) Assignment of an application for oral evidentiary hearing procedures or an initial or recommended decision by an administrative law judge is otherwise required by the public interest. (b) The standards employed in deciding cases under § 302.210(a)(1) or (5) shall be the same as the standards applied in cases decided under § 302.210(a)(4). These are the standards set forth in the Statute as interpreted and expanded upon under that Statute. | ||||
| 14:14:4.0.1.2.50.2.19.8 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | B | Subpart B—Rules Applicable to U.S. Air Carrier Certificate and Foreign Air Carrier Permit Licensing Proceedings | § 302.208 Petitions for oral presentation or judge's decision. | FAA | (a) Any person may file a petition for oral evidentiary hearing, oral argument, an initial or recommended decision, or any combination of these. Petitions shall demonstrate that one or more of the criteria set forth in § 302.207 are applicable to the issues for which an oral presentation or judge's decision is requested. Such petitions shall be supported by a detailed explanation of the following: (1) Why the evidence or argument to be presented cannot be submitted in the form of written evidence or briefs; (2) Which issues should be examined by an administrative law judge and why such issues should not be presented directly to the DOT decisionmaker for decision; (3) An estimate of the time required for the oral presentation and the number of witnesses whom the petitioner would present; and (4) If cross-examination of any witness is desired, the name of the witness, if known, the subject matter of the desired cross-examination or the title or number of the exhibit to be cross-examined, what the petitioner expects to establish by the cross-examination, and an estimate of the time needed for it. (b) Petitions for an oral hearing, oral argument, or an administrative law judge's decision shall be filed no later than the due date for answers in proceedings governed by §§ 302.211, 302.212 and 302.213, and be accompanied with the information specified in paragraphs (a)(1) and (a)(2) of this section. Filing of the information required in paragraphs (a)(3) and (a)(4) of this section may be deferred until the DOT decisionmaker has decided to hold a formal proceeding. (c) Where a stipulation of disputed facts would eliminate the need for an oral presentation or an administrative law judge's decision, parties shall include in their petitions an offer to withdraw the request should the stipulation be made. | ||||
| 14:14:4.0.1.2.50.2.19.9 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | B | Subpart B—Rules Applicable to U.S. Air Carrier Certificate and Foreign Air Carrier Permit Licensing Proceedings | § 302.209 Procedures for deferral of applications. | FAA | Within twenty-eight (28) days after the filing of an application under this subpart, the DOT decisionmaker may defer further processing of the application until all of the information necessary to process that application is submitted. The time periods contained in this subpart with respect to the disposition of the application shall not begin to run until the application is complete. In addition, the DOT decisionmaker may defer action on a foreign air carrier permit application for foreign policy reasons. | ||||
| 14:14:4.0.1.2.50.3.20.1 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | C | Subpart C—Rules Applicable to Exemption and Certain Other Proceedings | § 302.301 Applicability. | FAA | (a) This subpart sets forth the specific rules applicable to proceedings for exemptions under sections 40109 and 41714 of 49 U.S.C. Subtitle VII, including the granting of emergency exemptions, as well as applications for frequency allocations and other limited authority under international agreements. Except as modified by this subpart, the provisions of subpart A of this part apply. (b) Proceedings for the issuance of exemptions by regulation are subject to the provisions governing rulemaking. | ||||
| 14:14:4.0.1.2.50.3.20.10 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | C | Subpart C—Rules Applicable to Exemption and Certain Other Proceedings | § 302.310 Exemptions on the Department's initiative. | FAA | The Department may grant exemptions on its own initiative when it finds that such exemptions are required by the circumstances and consistent with the public interest. | ||||
| 14:14:4.0.1.2.50.3.20.11 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | C | Subpart C—Rules Applicable to Exemption and Certain Other Proceedings | § 302.311 Emergency exemptions. | FAA | (a) Shortened procedures. When required by the circumstances and consistent with the public interest, the Department may take action, without notice, on exemption applications prior to the expiration of the normal period for filing answers and replies. When required in a particular proceeding, the Department may specify a lesser time for the filing of answers and replies, and notify interested persons of this time period. (b)(1) Applications. Applications for emergency exemption need not conform to the requirements of this subpart or of subpart A of this part (except as provided in this section and in § 302.303(d) concerning emergency cabotage requests). However, an application for emergency exemption must normally be in writing and must state in detail the facts and evidence that support the application, the grounds for the exemption, and the public interest basis for the authority sought. In addition, the application shall state specific reasons that justify departure from the normal exemption application procedures. The application shall also identify those persons notified as required by paragraph (c) of this section. The Department may require additional information from any applicant before acting on an application. (2) Oral requests. The Department will consider oral requests, including telephone requests, for emergency exemption authority under this section in circumstances that do not permit the immediate filing of a written application. All oral requests must, however, provide the information required in paragraph (b)(1) of this section, except that actual evidence in support of the application need not be tendered when the request is made. All oral requests must be confirmed by written application, together with all supporting evidence, within three (3) business days of the original request. (c) Notice. Except when the Department decides that no notice need be given, applicants for emergency exemption shall notify, as appropriate, those persons specified in § 302.304(b) of this subpart. Such… | ||||
| 14:14:4.0.1.2.50.3.20.2 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | C | Subpart C—Rules Applicable to Exemption and Certain Other Proceedings | § 302.302 Filing of applications. | FAA | (a) Except as provided in paragraphs (b) and (c) of this section, applications for exemption shall conform to the requirements of §§ 302.3 and 302.4. (b) Applications for exemption from section 41101 or 41301 of 49 U.S.C. Subtitle VII (including those that incorporate an exemption from section 41504) that involve ten (10) or fewer flights may be submitted to the U.S. Air Carrier Licensing Division or the Foreign Air Carrier Licensing Division (as appropriate), Office of International Aviation, on OST Form 4536. However, that form may not be used for: (1) Applications filed under section 40109(g) of 49 U.S.C. Subtitle VII; (2) Applications by persons who do not have either: (i) An effective air carrier certificate or foreign air carrier permit from the Department, or (ii) A properly completed application for such a certificate or permit, and an effective exemption from the Department for operations similar to those proposed; (3) Successive applications for the same or similar authority that would total more than ten (10) flights; or (4) Any other application for which the Department decides the requirements of §§ 302.3 and 302.4 are more appropriate. Upon a showing of good cause, an application may be filed by cablegram, telegram, facsimile, electronic mail (when available), or telephone; all such telephonic requests must be confirmed by written application within three (3) business days of the original request. (c) Applications for exemption from Chapter 415 of 49 U.S.C. Subtitle VII, from tariffs (except for waivers filed under subpart Q of part 221 of this chapter), or from Department regulations concerning tariffs may be submitted by letter. Three copies of such applications shall be sent to Department of Transportation Dockets. Upon a showing of good cause, the application may also be filed by cablegram, telegram, facsimile, electronic mail (when available), or telephone; all such requests must be confirmed by written application within three (3) business days of the original request. (d) Application… | ||||
| 14:14:4.0.1.2.50.3.20.3 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | C | Subpart C—Rules Applicable to Exemption and Certain Other Proceedings | § 302.303 Contents of applications. | FAA | (a) Title. An application filed under § 302.302(a) shall be entitled “Application for . . .” (followed by the type of authority request, e.g., exemption, frequency allocation) and, where applicable, shall state if the application involves renewal and/or amendment of existing exemption authority. (b) Factual statement. Each application shall state: (1) The section(s) of 49 U.S.C. Subtitle VII or the rule, regulation, term, condition, or limitation from which the exemption is requested; (2) The proposed effective date and duration of the exemption; (3) A description of how the applicant proposes to exercise the authority (for example, applications for exemption from section 41101 or 41301 of 49 U.S.C. Subtitle VII should include at least: places to be served; equipment types, capacity and source; type and frequency or service; and other operations that the proposed service will connect with or support); and (4) Any other facts the applicant relies upon to establish that the proposed service will be consistent with the public interest. (c) Supporting evidence. (1) Each application shall be accompanied by: (i) A statement of economic data, or other matters or information that the applicant desires the Department to officially notice; (ii) Affidavits, or statements under penalty of 18 U.S.C. 1001, establishing any other facts the applicant wants the Department to rely upon; and (iii) Information showing the applicant is qualified to perform the proposed services. (2) In addition to the information required by paragraph (c)(1) of this section, an application for exemption from section 41101 or 41301 of 49 U.S.C. Subtitle VII (except exemptions under section 40109(g)) shall state whether the authority sought is governed by a bilateral agreement or by principles of comity and reciprocity. Applications by foreign carriers shall state whether the applicant's homeland government grants U.S. carriers authority similar to that requested. If so, the application shall state whether the fact of reciprocity has be… | ||||
| 14:14:4.0.1.2.50.3.20.4 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | C | Subpart C—Rules Applicable to Exemption and Certain Other Proceedings | § 302.304 Service of documents. | FAA | [Doc. No. OST-97-2090, 65 FR 6457, Feb. 9, 2000; 65 FR 7418, Feb. 14, 2000] | (a) General requirements. (1) An application for exemption and responsive pleadings shall be served as provided by § 302.7. (2) Applicants shall serve on the persons listed in paragraph (b) of this section a complete copy of the application and any supporting documents. Responsive pleadings shall be served on the same persons as applications. (b) Persons to be served. (1) Applicants for scheduled interstate air transportation authority shall serve: (i) All U.S. air carriers (including commuter air carriers) that publish schedules in the Official Airline Guide or the Air Cargo Guide for the city-pair market(s) specified in the application, (ii) The airport authority of each U.S. airport that the applicant proposes to serve, and (iii) Any other person who has filed a pleading in a related proceeding under section 41102, 41302, or 40109 of 49 U.S.C. Subtitle VII. (2) Applicants for scheduled foreign air transportation authority shall serve: (i) All U.S. air carriers (including commuter air carriers) that publish schedules in the Official Airline Guide or in the Air Cargo Guide for the country-pair market(s) specified in the application, (ii)The airport authority of each U.S. airport that the applicant proposes to serve, and (iii) Any other person who has filed a pleading in a related proceeding under section 41102, 41302, or 40109 of 49 U.S.C. Subtitle VII. (3) Applicants for charter-only or nonscheduled-only authority shall serve any person who has filed a pleading in a related proceeding under section 41102, 41302, or 40109 of 49 U.S.C. Subtitle VII. However, applicants that file fewer than sixteen (16) days prior to the proposed start of service must also serve: (i) Those U.S. carriers (including commuter carriers) that are known to be operating in the general market(s) at issue and (ii) Those persons who may be presumed to have an interest in the subject matter of the application. (4) Applicants for slot exemptions under section 41714 of 49 U.S.C. Subtitle VII shall serve: (i) All U.S. … | |||
| 14:14:4.0.1.2.50.3.20.5 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | C | Subpart C—Rules Applicable to Exemption and Certain Other Proceedings | § 302.305 Posting of applications. | FAA | A copy of every docketed application for exemption shall be posted in Department of Transportation Dockets and listed in the Department's Weekly List of Applications Filed. A copy of every undocketed application shall be posted in the Licensing Division's lobby of the Office of International Aviation. | ||||
| 14:14:4.0.1.2.50.3.20.6 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | C | Subpart C—Rules Applicable to Exemption and Certain Other Proceedings | § 302.306 Dismissal or rejection of incomplete applications. | FAA | (a) Dismissal or rejection. The Department may dismiss or reject any application for exemption that does not comply with the requirements of this part. (b) Additional data. The Department may require the filing of additional data with respect to any application for exemption, answer, or reply. | ||||
| 14:14:4.0.1.2.50.3.20.7 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | C | Subpart C—Rules Applicable to Exemption and Certain Other Proceedings | § 302.307 Answers to applications. | FAA | Within fifteen (15) days after the filing of an application for exemption, any person may file an answer in support of or in opposition to the grant of a requested exemption. Such answer shall set forth in detail the reasons why the exemption should be granted or denied. An answer shall include a statement of economic data or other matters the Department is requested to officially notice, and shall be accompanied by affidavits establishing any other facts relied upon. | ||||
| 14:14:4.0.1.2.50.3.20.8 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | C | Subpart C—Rules Applicable to Exemption and Certain Other Proceedings | § 302.308 Replies to answers. | FAA | Within seven (7) days after the last day for filing an answer, any interested party may file a reply to one or more answers. | ||||
| 14:14:4.0.1.2.50.3.20.9 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | C | Subpart C—Rules Applicable to Exemption and Certain Other Proceedings | § 302.309 Requests for hearing. | FAA | The Department will not normally conduct oral evidentiary hearings concerning applications for exemption. However, the Department may, in its discretion, order such a hearing on an application. Any applicant, or any person opposing an application, may request an oral evidentiary hearing. Such a request shall set forth in detail the reasons why the filing of affidavits or other written evidence will not permit the fair and expeditious disposition of the application. A request relying on factual assertions shall be accompanied by affidavits establishing such facts. If the Department orders an oral evidentiary hearing, the procedures in subpart A of this part shall apply. | ||||
| 14:14:4.0.1.2.50.4.20.1 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | D | Subpart D—Rules Applicable to Enforcement Proceedings | § 302.401 Applicability. | FAA | [Docket No. OST-97-2090, 65 FR 6457, Feb. 9, 2000, as amended at 84 FR 15936, Apr. 16, 2019] | This subpart contains the specific rules that apply to Department proceedings to enforce the provisions of the Statute, and the rules, regulations, orders and other requirements issued by the Department, as well as the filing of informal and formal complaints. Except as modified by this subpart, the provisions of subpart A of this part apply. | |||
| 14:14:4.0.1.2.50.4.20.10 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | D | Subpart D—Rules Applicable to Enforcement Proceedings | § 302.410 Consolidation of proceedings. | FAA | The DOT decisionmaker or Chief Administrative Law Judge may, upon his or her own initiative, or upon motion of any party, consolidate for hearing or for other purposes, or may contemporaneously consider, two or more enforcement proceedings that involve substantially the same parties or issues that are the same or closely related, if he or she finds that such consolidation or contemporaneous hearing will be conducive to the dispatch of business and to the ends of justice and will not unduly delay the proceedings. | ||||
| 14:14:4.0.1.2.50.4.20.11 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | D | Subpart D—Rules Applicable to Enforcement Proceedings | § 302.411 Motions to dismiss and for summary judgment. | FAA | (a) At any time after an answer has been filed, any party may file with the DOT decisionmaker or the administrative law judge a motion to dismiss or a motion for summary judgment, including supporting affidavits. The procedure on such motions shall be in accordance with the Federal Rules of Civil Procedure (28 U.S.C.), particularly Rules 6(d), 7(b), 12, and 56, except that answers and supporting papers to a motion to dismiss or for summary judgment shall be filed within seven (7) days after service of the motion. (b) Parties may petition the DOT decisionmaker to review any action by the administrative law judge granting summary judgment or dismissing an enforcement proceeding under the procedure established for review of an initial decision in § 302.32. | ||||
| 14:14:4.0.1.2.50.4.20.12 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | D | Subpart D—Rules Applicable to Enforcement Proceedings | § 302.412 Admissions as to facts and documents. | FAA | (a) At any time after an answer has been filed, any party may file with the DOT decisionmaker or administrative law judge and serve upon the opposing side a written request for the admission of the genuineness and authenticity of any relevant documents described in and exhibited with the request or for the admission of the truth of any relevant matters of fact stated in the request with respect to such documents. (b) Each of the matters of which an admission is requested shall be deemed admitted unless within a period designated in the request, not less than ten (10) days after service thereof, or within such further time as the DOT decisionmaker or the administrative law judge may allow upon motion and notice, the party to whom the request is directed serves upon the requesting party a sworn statement either denying specifically the matters of which an admission is requested or setting forth in detail the reasons why he or she cannot truthfully either admit or deny such matters. (c) Service of such request and answering statement shall be made as provided in § 302.7. Any admission made by a party pursuant to such request is only for the purposes of the pending proceeding, or any proceeding or action instituted for the enforcement of any order entered therein, and shall not constitute an admission by him or her for any other purpose or be used against him or her in any other proceeding or action. | ||||
| 14:14:4.0.1.2.50.4.20.13 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | D | Subpart D—Rules Applicable to Enforcement Proceedings | § 302.413 Evidence of previous violations. | FAA | Evidence of previous violations by any person or of any provision of 49 U.S.C. Subtitle VII or any requirement thereunder found by the Department or a court in any other proceeding or criminal or civil action may, if relevant and material, be admitted in any enforcement proceeding involving such person. | ||||
| 14:14:4.0.1.2.50.4.20.14 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | D | Subpart D—Rules Applicable to Enforcement Proceedings | § 302.414 Prehearing conference. | FAA | A prehearing conference may be held in an enforcement proceeding whenever the administrative law judge believes that the fair and expeditious disposition of the proceeding requires one. If a prehearing conference is held, it shall be conducted in accordance with § 302.22. | ||||
| 14:14:4.0.1.2.50.4.20.15 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | D | Subpart D—Rules Applicable to Enforcement Proceedings | § 302.415 Hearing. | FAA | After the issues have been formulated, whether by the pleadings or otherwise, the administrative law judge shall give the parties reasonable written notice of the time and place of the hearings. Except as may be modified by the provisions of this subpart, the procedures in §§ 302.17 to 302.38 governing the conduct of oral evidentiary hearings will apply. | ||||
| 14:14:4.0.1.2.50.4.20.16 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | D | Subpart D—Rules Applicable to Enforcement Proceedings | § 302.416 Appearances by persons not parties. | FAA | With consent of the administrative law judge, appearances may be entered without request for or grant of permission to intervene by interested persons who are not parties to the proceeding. Such persons may, with the consent of the administrative law judge, cross-examine a particular witness or suggest to any party or counsel therefor questions or interrogations to be asked witnesses called by any party, but may not otherwise examine witnesses and may not introduce evidence or otherwise participate in the proceeding. However, such persons may present to both the administrative law judge and the DOT decisionmaker an oral or written statement of their position on the issues involved in the proceeding. | ||||
| 14:14:4.0.1.2.50.4.20.17 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | D | Subpart D—Rules Applicable to Enforcement Proceedings | § 302.417 Settlement of proceedings. | FAA | (a) The General Counsel and the respondent may agree to settle all or some of the issues in an enforcement proceeding at any time before a final decision is issued by the DOT decisionmaker. The General Counsel shall serve a copy of any proposed settlement on each party and shall submit the proposed settlement to the administrative law judge for approval. The submission of a proposed settlement shall not automatically delay the proceeding. (b) Any party to the proceeding may submit written comments supporting or opposing the proposed settlement within ten (10) days from the date of service. (c) The administrative law judge shall approve the proposed settlement, as submitted, if it appears to be in the public interest, or otherwise shall disapprove it. (d) Information relating to settlement offers and negotiations will be withheld from public disclosure if the General Counsel determines that disclosure would interfere with the likelihood of settlement of an enforcement proceeding. | ||||
| 14:14:4.0.1.2.50.4.20.18 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | D | Subpart D—Rules Applicable to Enforcement Proceedings | § 302.418 Motions for immediate suspension of operating authority pendente lite. | FAA | All motions for the suspension of the economic operating authority of an air carrier during the pendency of proceedings to revoke such authority shall be filed with, and decided by, the DOT decisionmaker. Proceedings on the motion shall be in accordance with § 302.11. In addition, the DOT decisionmaker shall afford the parties an opportunity for oral argument on such motion. | ||||
| 14:14:4.0.1.2.50.4.20.19 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | D | Subpart D—Rules Applicable to Enforcement Proceedings | § 302.419 Modification or dissolution of enforcement actions. | FAA | Whenever any party to a proceeding, in which an order of the Department has been issued pursuant to section 46101 of 49 U.S.C. Subtitle VII or an injunction or other form of enforcement action has been issued by a court of competent jurisdiction pursuant to section 46106 of 49 U.S.C. Subtitle VII, believes that changed conditions of fact or law or the public interest require that said order or judicial action be modified or set aside, in whole or in part, such party may file with the Department a motion requesting that the Department take such administrative action or join in applying to the appropriate court for such judicial action, as the case may be. The motion shall state the changes desired and the changed circumstances warranting such action, and shall include the materials and argument in support thereof. The motion shall be served on each party to the proceeding in which the enforcement action was taken. Within thirty (30) days after the service of such motion, any party so served may file an answer thereto. The Department shall dispose of the motion by such procedure as it deems appropriate. | ||||
| 14:14:4.0.1.2.50.4.20.2 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | D | Subpart D—Rules Applicable to Enforcement Proceedings | § 302.402 Definitions. | FAA | Assistant General Counsel, when used in this subpart, refers to the Assistant General Counsel for Aviation Enforcement and Proceedings. Complainant refers to the person filing a complaint. Parties, when used in this subpart, include the Office of the Assistant General Counsel, the respondent, the complainant, and any other person permitted to intervene under § 302.20. Respondent refers to the person against whom a complaint is filed. | ||||
| 14:14:4.0.1.2.50.4.20.20 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | D | Subpart D—Rules Applicable to Enforcement Proceedings | § 302.420 Saving clause. | FAA | Repeal, revision or amendment of any of the economic regulatory provisions of 49 U.S.C. Subtitle VII or of the Department's rules, regulations, orders, or other requirements shall not affect any pending enforcement proceeding or any enforcement proceeding initiated thereafter with respect to causes arising or acts committed prior to said repeal, revision or amendment, unless the act of repeal, revision or amendment specifically so provides. | ||||
| 14:14:4.0.1.2.50.4.20.3 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | D | Subpart D—Rules Applicable to Enforcement Proceedings | § 302.403 Informal complaints. | FAA | Any person may submit in writing to the Assistant General Counsel an informal complaint with respect to anything done or omitted to be done by any person in contravention of any provision of 49 U.S.C. Subtitle VII or any requirement established thereunder. Such informal complaints need not otherwise comply with the provisions of this part. Matters so presented may, if their nature warrants, be handled by correspondence or conference with the appropriate persons. Any matter not disposed of informally may be made the subject of an enforcement proceeding pursuant to this subpart. The filing of an informal complaint shall not bar the subsequent filing of a formal complaint. | ||||
| 14:14:4.0.1.2.50.4.20.4 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | D | Subpart D—Rules Applicable to Enforcement Proceedings | § 302.404 Formal complaints. | FAA | [Docket No. OST-97-2090, 65 FR 6457, Feb. 9, 2000, as amended at 84 FR 15936, Apr. 16, 2019] | (a) Filing. Any person may make a formal complaint to the Assistant General Counsel about any violation of the economic regulatory provisions of 49 U.S.C. Subtitle VII or of the Department's rules, regulations, orders, or other requirements. Every formal complaint shall conform to the requirements of §§ 302.3 and 302.4, concerning the form and filing of documents. The filing of a complaint shall result in the institution of an enforcement proceeding only if the Assistant General Counsel issues a notice instituting such a proceeding as to all or part of the complaint under § 302.406(a) or the General Counsel does so under § 302.406(c). (b) Amendment. A formal complaint may be amended at any time before service of an answer to the complaint. After service of an answer but before institution of an enforcement proceeding, the complaint may be amended with the permission of the Assistant General Counsel. After institution of an enforcement proceeding, the complaint may be amended only on grant of a motion filed under § 302.11. (c) Insufficiency of formal complaint. In any case where the Assistant General Counsel is of the opinion that a complaint does not sufficiently set forth matters required by any applicable rule, regulation or order of the Department, or is otherwise insufficient, he or she may advise the complainant of the deficiency and require that any additional information be supplied by amendment. (d) Joinder of complaints or complainants. Two or more grounds of complaints involving substantially the same purposes, subject or state of facts may be included in one complaint even though they involve more than one respondent. Two or more complainants may join in one complaint if their respective causes of complaint are against the same party or parties and involve substantially the same purposes, subject or state of facts. The Assistant General Counsel may separate or split complaints if he or she finds that the joinder of complaints, complainants, or respondents will not be conducive to the proper … | |||
| 14:14:4.0.1.2.50.4.20.5 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | D | Subpart D—Rules Applicable to Enforcement Proceedings | § 302.405 Responsive documents. | FAA | (a) Answers. Within fifteen (15) days after the date of service of a formal complaint, each respondent shall file an answer in conformance with and subject to the requirements of § 302.408(b). Extensions of time for filing an answer may be granted by the Assistant General Counsel for good cause shown. (b) Offers to satisfy. A respondent in a formal complaint may offer to satisfy the complaint through submission of facts, offer of settlement or proposal of adjustment. Such offer shall be in writing and shall be served, within fifteen (15) days after service of the complaint, upon the same persons and in the same manner as an answer. The submittal of an offer to satisfy the complaint shall not excuse the filing of an answer. (c) Motions to dismiss. Motions to dismiss a formal complaint shall not be filed prior to the filing of a notice instituting an enforcement proceeding with respect to such complaint or a portion thereof. | ||||
| 14:14:4.0.1.2.50.4.20.6 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | D | Subpart D—Rules Applicable to Enforcement Proceedings | § 302.406 Procedure for responding to formal complaints. | FAA | [Docket No. OST-97-2090, 65 FR 6457, Feb. 9, 2000, as amended at 84 FR 15936, Apr. 16, 2019] | (a) Within a reasonable time after an answer to a formal complaint is filed, the Assistant General Counsel shall either: (1) Issue a notice instituting a formal enforcement proceeding in accordance with § 302.407 or (2) Issue an order dismissing the complaint in whole or in part, stating the reasons for such dismissal. (b) An order dismissing a complaint issued pursuant to paragraph (a)(2) of this section shall become effective as a final order of the Department thirty (30) days after service thereof. (c) Whenever the Assistant General Counsel has failed to act on a formal complaint within a reasonable time after an answer is due, the following motions may be addressed to the General Counsel: (1) By the complainant to institute an enforcement proceeding by docketing the complaint upon a showing that it is in the public interest to do so; and (2) By the respondent to dismiss the complaint upon a showing that it is in the public interest to do so. (d) The General Counsel may grant, deny, or defer any of the motions, in whole or in part, and take appropriate action to carry out his or her decision. | |||
| 14:14:4.0.1.2.50.4.20.7 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | D | Subpart D—Rules Applicable to Enforcement Proceedings | § 302.407 Commencement of enforcement proceeding. | FAA | [Docket No. OST-97-2090, 65 FR 6457, Feb. 9, 2000, as amended at 84 FR 15936, Apr. 16, 2019] | (a) Whenever in the opinion of the Assistant General Counsel there are reasonable grounds to believe that any economic regulatory provision of 49 U.S.C. Subtitle VII, or any rule, regulation, order, limitation, condition, or other requirement established pursuant thereto, has been or is being violated, that efforts to satisfy a complaint as provided by § 302.405 have failed, and that the investigation of any or all of the alleged violations is in the public interest, the Assistant General Counsel may issue a notice instituting an enforcement proceeding before an administrative law judge. (b) The notice shall incorporate by reference the formal complaint submitted pursuant to § 302.404 or shall be accompanied by a complaint by an attorney from the Office of the Assistant General Counsel. The notice and accompanying complaint, if any, shall be formally served upon each respondent and each complainant. (c) The proceedings thus instituted shall be processed in regular course in accordance with this part. However, nothing in this part shall be construed to limit the authority of the Department to institute or conduct any investigation or inquiry within its jurisdiction in any other manner or according to any other procedures that it may deem necessary or proper. (d) Whenever the Assistant General Counsel seeks an assessment of civil penalties in an enforcement proceeding, he or she shall serve on all parties to the proceeding a notice of the violations alleged and the amount of penalties for which the respondent may be liable. The notice may be included in the notice instituting a formal enforcement proceeding or in a separate document. (e) In any proceeding in which civil penalties are sought, any decisions issued by the Department shall state the amount of any civil penalties assessed upon a finding of violation, and the time and manner in which payment shall be made to the United States. | |||
| 14:14:4.0.1.2.50.4.20.8 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | D | Subpart D—Rules Applicable to Enforcement Proceedings | § 302.408 Answers and replies. | FAA | (a) Within fifteen (15) days after the date of service of a notice issued pursuant to § 302.407, the respondent shall file an answer to the complaint attached thereto or incorporated therein unless an answer has already been filed in accordance with § 302.405. Any requests for extension of time for filing of an answer to such complaint shall be filed in accordance with § 302.11. (b) All answers shall be served in accordance with § 302.7 and shall fully and completely advise the parties and the Department as to the nature of the defense and shall admit or deny specifically and in detail each allegation of the complaint unless the respondent is without knowledge, in which case, his or her answer shall so state and the statement shall operate as a denial. Allegations of fact not denied or controverted shall be deemed admitted. Matters alleged as affirmative defenses shall be separately stated and numbered and shall, in the absence of a reply, be deemed to be controverted. Any answer to a complaint, or response to a notice, proposing the assessment of civil penalties shall specifically present any matters that the respondent intends to rely upon in opposition to, or in mitigation of, such civil penalties. (c) The DOT decisionmaker or the administrative law judge may, in his or her discretion, require or permit the filing of a reply in appropriate cases; otherwise, no reply may be filed. | ||||
| 14:14:4.0.1.2.50.4.20.9 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | D | Subpart D—Rules Applicable to Enforcement Proceedings | § 302.409 Default. | FAA | Failure of a respondent to file and serve an answer within the time and in the manner prescribed by § 302.408 shall be deemed to authorize the DOT decisionmaker or administrative law judge, as a matter of discretion, to find the facts alleged in the complaint incorporated in or accompanying the notice instituting a formal enforcement proceeding to be true and to enter such orders as may be appropriate without notice or hearing, or, as a matter of discretion, to proceed to take proof, without notice, of the allegations or charges set forth in the complaint or order; Provided, that the DOT decisionmaker or administrative law judge may permit late filing of an answer for good cause shown. | ||||
| 14:14:4.0.1.2.50.5.20.1 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | E | Subpart E—Rules Applicable to Proceedings With Respect to Rates, Fares and Charges for Foreign Air Transportation | § 302.501 Applicability. | FAA | This subpart sets forth the special rules applicable to proceedings with respect to rates, fares and charges in foreign air transportation under Chapter 415 of 49 U.S.C. Subtitle VII. Except as modified by this subpart, the provisions of subpart A apply. | ||||
| 14:14:4.0.1.2.50.5.20.2 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | E | Subpart E—Rules Applicable to Proceedings With Respect to Rates, Fares and Charges for Foreign Air Transportation | § 302.502 Institution of proceedings. | FAA | A proceeding to determine the lawfulness of rates, fares, or charges for the foreign air transportation of persons or property by aircraft, or the lawfulness of any classification, rule, regulation, or practice affecting such rates, fares or charges, may be instituted by the filing of a petition or complaint by any person, or by the issuance of an order by the Department. | ||||
| 14:14:4.0.1.2.50.5.20.3 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | E | Subpart E—Rules Applicable to Proceedings With Respect to Rates, Fares and Charges for Foreign Air Transportation | § 302.503 Contents and service of petition or complaint. | FAA | (a) If a petition or complaint is filed it shall state the reasons why the rates, fares, or charges, or the classification, rule, regulation, or practice complained of are unlawful and shall support such reasons with a full factual analysis. (b) A petition or complaint shall be served by the petitioner or complainant upon the air carrier against whose tariff provision the petition or complaint is filed. (c) Answers to complaints, other than those filed under § 302.506, shall be filed within seven (7) working days after the complaint is filed. | ||||
| 14:14:4.0.1.2.50.5.20.4 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | E | Subpart E—Rules Applicable to Proceedings With Respect to Rates, Fares and Charges for Foreign Air Transportation | § 302.504 Dismissal of petition or complaint. | FAA | If the Department is of the opinion that a petition or complaint does not state facts that warrant an investigation or action on its part, it may dismiss such petition or complaint without hearing. | ||||
| 14:14:4.0.1.2.50.5.20.5 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | E | Subpart E—Rules Applicable to Proceedings With Respect to Rates, Fares and Charges for Foreign Air Transportation | § 302.505 Order of investigation. | FAA | The Department, on its own initiative, or if it is of the opinion that the facts stated in a petition or complaint warrant it, may issue an order instituting an investigation of the lawfulness of any present or proposed rates, fares, or charges for the foreign air transportation of persons or property by aircraft or the lawfulness of any classification, rule, regulation, or practice affecting such rates, fares, or charges, and may assign the proceeding for hearing before an administrative law judge. If a hearing is held, except as modified by this subpart, the provisions of § 302.17 through § 302.38 of this part shall apply. | ||||
| 14:14:4.0.1.2.50.5.20.6 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | E | Subpart E—Rules Applicable to Proceedings With Respect to Rates, Fares and Charges for Foreign Air Transportation | § 302.506 Complaints requesting suspension of tariffs; answers to such complaints. | FAA | (a) Formal complaints seeking suspension of tariffs pursuant to section 41509 of 49 U.S.C. Subtitle VII shall fully identify the tariff and include reference to: (1) The issued or posting date, (2) The effective date, (3) The name of the publishing carrier or agent, (4) The Department number, and (5) Specific items or particular provisions protested or complained against. The complaint should indicate in what respect the tariff is considered to be unlawful, and state what complainant suggests by way of substitution. (b) A complaint requesting suspension of a tariff ordinarily will not be considered unless made in conformity with this section and filed no more than ten (10) days after the issued date contained within such tariff. (c) A complaint requesting suspension, pursuant to section 41509 of 49 U.S.C. Subtitle VII, of an existing tariff for foreign air transportation may be filed at any time. However, such a complaint must be accompanied by a statement setting forth compelling reasons for not having requested suspension within the time limitations provided in paragraph (b) of this section. (d) In an emergency satisfactorily shown by the complainant, and within the time limits herein provided, a complaint may be sent by facsimile, telegram, or electronic mail (when available) to the Department and to the carrier against whose tariff provision the complaint is made. Such complaint shall state the grounds relied upon, and must be confirmed in writing within three (3) business days and filed and served in accordance with this part. (e) Answers to complaints shall be filed within six (6) working days after the complaint is filed. | ||||
| 14:14:4.0.1.2.50.5.20.7 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | E | Subpart E—Rules Applicable to Proceedings With Respect to Rates, Fares and Charges for Foreign Air Transportation | § 302.507 Computing time for filing complaints. | FAA | In computing the time for filing formal complaints pursuant to § 302.506, with respect to tariffs that do not contain a posting date, the first day preceding the effective date of the tariff shall be the first day counted, and the last day so counted shall be the last day for filing unless such day is a Saturday, Sunday, or legal holiday for the Department, in which event the period for filing shall be extended to the next successive day that is not a Saturday, Sunday, or holiday. The computation of the time for filing complaints as to tariffs containing a posting date shall be governed by § 302.8. | ||||
| 14:14:4.0.1.2.50.6.20.1 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | F | Subpart F—Rules Applicable to Proceedings Concerning Airport Fees | § 302.601 Applicability. | FAA | (a) This subpart contains the specific rules that apply to a complaint filed by one or more air carriers or foreign air carriers (“carriers”), pursuant to 49 U.S.C. 47129(a), for a determination of the reasonableness of a fee increase or a newly established fee for aeronautical uses that is imposed upon the carrier by the owner or operator of an airport. This subpart also applies to requests by the owner or operator of an airport for such a determination. An airport owner or operator is considered to have imposed a fee on a carrier when it has taken all steps necessary under its procedures to establish the fee, whether or not the fee is being collected or carriers are currently required to pay it. (b) This subpart does not apply to— (1) A fee imposed pursuant to a written agreement with a carrier using the facilities of an airport; (2) A fee imposed pursuant to a financing agreement or covenant entered into prior to August 23, 1994, or (3) Any other existing fee not in dispute as of August 23, 1994. (c) Except as modified by this subpart, the provisions of subpart A of this part apply. | ||||
| 14:14:4.0.1.2.50.6.20.10 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | F | Subpart F—Rules Applicable to Proceedings Concerning Airport Fees | § 302.610 Final order. | FAA | (a) When a complaint or request for determination stands submitted to the Secretary for final decision on the merits, he or she may dispose of the issues presented by entering an appropriate order, which will include a statement of the reasons for his or her findings and conclusions. Such an order shall be deemed a final order of the Secretary. (b) The final order of the Secretary shall include, where necessary, directions regarding an appropriate refund or credit of the fee increase or newly established fee which is the subject of the complaint or request for determination. (c) If the Secretary has not issued a final order within 120 days after the filing of a complaint by an air carrier or foreign air carrier, the decision of the administrative law judge shall be deemed to be the final order of the Secretary. | ||||
| 14:14:4.0.1.2.50.6.20.2 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | F | Subpart F—Rules Applicable to Proceedings Concerning Airport Fees | § 302.602 Complaint by a carrier; request for determination by an airport owner or operator. | FAA | (a) Any carrier may file a complaint with the Secretary for a determination as to the reasonableness of any fee imposed on the carrier by the owner or operator of an airport. Any airport owner or operator may also request such a determination with respect to a fee it has imposed on one or more carriers. The complaint or request for determination shall conform to the requirements of this subpart and §§ 302.3 and 302.4 concerning the form and filing of documents. (b) If a carrier has previously filed a complaint with respect to the same airport fee or fees, any complaint by another carrier and any airport request for determination shall be filed no later than seven (7) calendar days following the initial complaint. In addition, all complaints or requests for determination must be filed on or before the sixtieth (60th) day after the carrier receives written notice of the imposition of the new fee or the imposition of the increase in the fee. (c) To ensure an orderly disposition of the matter, all complaints and any request for determination filed with respect to the same airport fee or fees will be considered in a consolidated proceeding, as provided in § 302.606. | ||||
| 14:14:4.0.1.2.50.6.20.3 | 14 | Aeronautics and Space | II | B | 302 | PART 302—RULES OF PRACTICE IN PROCEEDINGS | F | Subpart F—Rules Applicable to Proceedings Concerning Airport Fees | § 302.603 Contents of complaint or request for determination. | FAA | [Docket No. OST-97-2090, 65 FR 6457, Feb. 9, 2000, as amended by Doc. No. DOT-OST-2014-0140, 84 FR 15936, Apr. 16, 2019] | (a) The complaint or request for determination shall set forth the entire grounds for requesting a determination of the reasonableness of the airport fee. The complaint or request shall include a copy of the airport owner or operator's written notice to the carrier of the imposition of the fee, a statement of position with a brief, and all supporting testimony and exhibits on which the filing party intends to rely. In lieu of submitting duplicative exhibits or testimony, the filing party may incorporate by reference testimony and exhibits already filed in the same proceeding. (b) All exhibits and briefs prepared on electronic spreadsheet or word processing programs should be accompanied by standard-format electronic media containing those submissions. Parties should submit three copies the electronic media to Department of Transportation Dockets Operations Office: One copy for the docket, one copy for the Office of Hearings, and one copy for the Office of Aviation Analysis. Filers should ensure that files on the electronic media are unalterably locked. (c) When a carrier files a complaint, it must also certify: (1) That it has served on the airport owner or operator and all other carriers serving the airport the complaint, brief, and all supporting testimony and exhibits, and that those parties have received or will receive these documents no later than the date the complaint is filed. Such service shall be by hand, by electronic transmission, or by overnight express delivery. (Unless a carrier has informed the complaining carrier that a different person should be served, service may be made on the person responsible for communicating with the airport on behalf of the carrier about airport fees.); (2) That the carrier has previously attempted to resolve the dispute directly with the airport owner or operator; (3) That when there is information on which the carrier intends to rely that is not included with the brief, exhibits, or testimony, the information has been omitted because the airport owner or operato… |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);