14 C.F.R. Subpart B—General Rules Applicable to Complaints, Proceedings Initiated by the FAA, and Appeals
Title 14 - Aeronautics and Space
(a) Under the authority of 49 U.S.C. 40113 and 47121, the Director may conduct investigations, issue orders, and take such other actions as are necessary to fulfill the purposes of this part, including the extension of any time period prescribed where necessary or appropriate for a fair and complete hearing of matters before the agency. (b) Notwithstanding any other provision of this part, upon finding that circumstances require expedited handling of a particular case or controversy, the Director may issue an order directing any of the following prior to the issuance of the Director's determination: (1) Shortening the time period for any action under this part consistent with due process; (2) If other adequate opportunity to respond to pleadings is available, eliminating the reply, rebuttal, or other actions prescribed by this part; (3) Designating alternative methods of service; or (4) Directing such other measures as may be required. Except as otherwise provided in this part, documents shall be filed with the FAA during a proceeding under this part as follows: (a) Filing address. Documents to be filed with the FAA shall be filed with the Office of the Chief Counsel, Attention: FAA Part 16 Airport Proceedings Docket, AGC–610, Federal Aviation Administration, 800 Independence Ave., SW., Washington, DC, 20591. Documents to be filed with a hearing officer shall be filed at the address stated in the hearing order. (b) Date and method of filing. Filing of any document shall be by personal delivery or mail as defined in this part, or by facsimile (when confirmed by filing on the same date by one of the foregoing methods). Unless the date is shown to be inaccurate, documents to be filed with the FAA shall be deemed to be filed on the date of personal delivery, on the mailing date shown on the certificate of service, on the date shown on the postmark if there is no certificate of service, on the send date shown on the facsimile (provided filing has been confirmed through one of the foregoing methods), or on the mailing date shown by other evidence if there is no certificate of service and no postmark. (c) Number of copies. Unless otherwise specified, an executed original and three copies of each document shall be filed with the FAA Part 16 Airport Proceedings Docket. Copies need not be signed, but the name of the person signing the original shall be shown. If a hearing order has been issued in the case, one of the three copies shall be filed with the hearing officer. If filing by facsimile, the facsimile copy does not constitute one of the copies required under this section. (d) Form. Documents filed with the FAA shall be typewritten or legibly printed. In the case of docketed proceedings, the document shall include the docket number of the proceeding on the front page. (e) Signing of documents and other papers. The original of every document filed shall be signed by the person filing it or the person's duly authorized representative. The signature shall serve as a certification that the signer has read the document and, based on reasonable inquiry and to the best of the signer's knowledge, information, and belief, the document is— (1) Consistent with this part; (2) Warranted by existing law or that a good faith argument exists for extension, modification, or reversal of existing law; and (3) Not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of the administrative process. (f) Designation of person to receive service. The initial document filed by any person shall state on the first page the name, post office address, telephone number, and facsimile number, if any, of the person(s) to be served with documents in the proceeding. If any of these items change during the proceeding, the person shall promptly file notice of the change with the FAA Part 16 Airport Proceedings Docket and the hearing officer and shall serve the notice on all parties. (g) Docket numbers. Each submission identified as a complaint under this part by the submitting person will be assigned a docket number. Except as otherwise provided in this part, documents shall be served as follows: (a) Who must be served. Copies of all documents filed with the FAA Part 16 Airport Proceedings Docket shall be served by the persons filing them on all parties to the proceeding. A certificate of service shall accompany all documents when they are tendered for filing and shall certify concurrent service on the FAA and all parties. Certificates of service shall be in substantially the following form:
I hereby certify that I have this day served the foregoing [name of document] on the following persons at the following addresses and facsimile numbers (if also served by facsimile) by [specify method of service]: [list persons, addresses, facsimile numbers] Dated this ___ day of ___, 19__. [signature], for [party] (b) Method of service. Except as otherwise agreed by the parties and the hearing officer, the method of service is the same as set forth in §16.13(b) for filing documents. (c) Where service shall be made. Service shall be made to the persons identified in accordance with §16.13(f). If no such person has been designated, service shall be made on the party. (d) Presumption of service. There shall be a presumption of lawful service— (1) When acknowledgment of receipt is by a person who customarily or in the ordinary course of business receives mail at the address of the party or of the person designated under §16.13(f); or (2) When a properly addressed envelope, sent to the most current address submitted under §16.13(f), has been returned as undeliverable, unclaimed, or refused. (e) Date of service. The date of service shall be determined in the same manner as the filing date under §16.13(b). This section applies to any period of time prescribed or allowed by this part, by notice or order of the hearing officer, or by an applicable statute. (a) The date of an act, event, or default, after which a designated time period begins to run, is not included in a computation of time under this part. (b) The last day of a time period is included in a computation of time unless it is a Saturday, Sunday, or legal holiday for the FAA, in which case, the time period runs until the end of the next day that is not a Saturday, Sunday, or legal holiday. (c) Whenever a party has the right or is required to do some act within a prescribed period after service of a document upon the party, and the document is served on the party by mail, 3 days shall be added to the prescribed period. (a) General. An application for an order or ruling not otherwise specifically provided for in this part shall be by motion. Unless otherwise ordered by the agency, the filing of a motion will not stay the date that any action is permitted or required by this part. (b) Form and contents. Unless made during a hearing, motions shall be made in writing, shall state with particularity the relief sought and the grounds for the relief sought, and shall be accompanied by affidavits or other evidence relied upon. Motions introduced during hearings may be made orally on the record, unless the hearing officer directs otherwise. (c) Answers to motions. Except as otherwise provided in this part, or except when a motion is made during a hearing, any party may file an answer in support of or in opposition to a motion, accompanied by affidavits or other evidence relied upon, provided that the answer to the motion is filed within 10 days after the motion has been served upon the person answering, or any other period set by the hearing officer. Where a motion is made during a hearing, the answer and the ruling thereon may be made at the hearing, or orally or in writing within the time set by the hearing officer.
Title 14: Aeronautics and Space
PART 16—RULES OF PRACTICE FOR FEDERALLY-ASSISTED AIRPORT ENFORCEMENT PROCEEDINGS
Subpart B—General Rules Applicable to Complaints, Proceedings Initiated by the FAA, and Appeals
§ 16.11 Expedition and other modification of process.
§ 16.13 Filing of documents.
§ 16.15 Service of documents on the parties and the agency.
§ 16.17 Computation of time.
§ 16.19 Motions.
