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Federal Register / Vol. 86, No. 188 / Friday, October 1, 2021 / Rules and Regulations must not participate in any appeal to the Administrator.
b Ex parte communications. 1 No substantive ex parte communications between the hearing officer and any party are permitted.
2 A hearing, conference, or other event scheduled with prior notice will not constitute ex parte communication prohibited by this section. A hearing, conference, or other event scheduled with prior notice, may proceed in the hearing officers sole discretion if a party fails to appear, respond, or otherwise participate, and will not constitute an ex parte communication prohibited by this section.
3 For an appeal to the Administrator under this subpart, FAA attorneys representing the complainant must not advise the Administrator or engage in any ex parte communications with the Administrator or his advisors.
13.43 Service and filing of pleadings, motions, and documents.

a General rule. A party must file all requests for hearing, pleadings, motions, and documents with the FAA Hearing Docket, and must serve a copy upon all parties to the proceedings.
b Methods of filing. Filing must be by email, personal delivery, expedited or overnight courier express service, mail, or fax.
c Address for filing. A person filing a document with the FAA Hearing Docket must use the address identified for the method of filing as follows:
1 If delivery is in person, or by expedited or overnight express courier service. Federal Aviation Administration, 600 Independence Avenue SW, Wilbur Wright Building Suite 2W100, Washington, DC 20597;
Attention: FAA Hearing Docket, AGC
70.
2 If delivery is via U.S. mail, or U.S.
certified or registered mail. Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; Attention: FAA Hearing Docket, AGC70, Wilbur Wright BuildingSuite 2W100.
3 Contact information. The FAA
Office of Adjudication will make available on its website an email address and fax number for the FAA
Hearing Docket, as well as other contact information.
d Requirement to file an original document and number of copies. A
party must file an original document and one copy when filing by personal delivery or by mail. Only one copy must be filed if filing is accomplished by email or fax.
e Filing by email. A document that is filed by email must be attached as a
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Portable Document Format PDF file to an email. The document must be signed in accordance with 13.207. The email message does not constitute a submission, but serves only to deliver the attached PDF file to the FAA
Hearing Docket.
f Methods of service1 General. A
person may serve any document by email, personal delivery, expedited or overnight courier express service, mail, or fax.
2 Service by email. Service of documents by email is voluntary and requires the prior consent of the person to be served by email. A person may retract consent to be served by email by filing and serving a written retraction. A
document that is served by email must be attached as a PDF file to an email message.
g Certificate of service. A certificate of service must accompany all documents filed with the FAA Hearing Docket. The certificate of service must be signed, describe the method of service, and state the date of service.
h Date of filing and service. If a document is sent by fax or email, the date of filing and service is the date the email or fax is sent. If a document is sent by personal delivery or by expedited or overnight express courier service, the date of filing and service is the date that delivery is accomplished.
If a document is mailed, the date of filing and service is the date shown on the certificate of service, the date shown on the postmark if there is no certificate of service, or the mailing date shown by other evidence if there is no certificate of service or postmark.
13.44

Reserved
13.45 Computation of time and extension of time.

a In computing any period of time prescribed or allowed by this subpart, the date of the act, event, default, notice, or order is not to be included in the computation. The last day of the period so computed is to be included unless it is a Saturday, Sunday, or Federal holiday, in which event the period runs until the end of the next day that is not a Saturday, Sunday, or a Federal holiday.
b Whenever a party must respond within a prescribed period after service by mail, 5 days are added to the prescribed period.
c The parties may agree to extend the time for filing any document required by this subpart with the consent of 1 The Director of the Office of Adjudication prior to the designation of a hearing officer;

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2 The hearing officer prior to the filing of a notice of appeal; or 3 The Director of the Office of Adjudication after the filing of a notice of appeal.
d If the parties do not agree, a party may make a written request to extend the time for filing to the appropriate official identified in paragraph c of this section. The appropriate official may grant the request for good cause shown.
13.47 Withdrawal or amendment of the complaint, answer, or other filings.

a Withdrawal. At any time before the hearing, the complainant may withdraw the complaint, and the respondent may withdraw the request for hearing.
b Amendments. At any time more than 10 days before the date of hearing, any party may amend its complaint, answer, or other pleading, by filing the amendment with the FAA Hearing Docket and serving a copy of it on every other party. After that time, amendment requires approval of the hearing officer.
If an initial pleading is amended, the hearing officer must allow the other parties a reasonable opportunity to respond.
13.49

Motions.

a Motions in lieu of an answer. A
respondent may file a motion to dismiss or a motion for a more definite statement in place of an answer. If the hearing officer denies the motion, the respondent must file an answer within 10 days.
1 Motion to dismiss. The respondent may file a motion asserting that the allegations in the complaint fail to state a violation of Federal aviation statutes, a violation of regulations in this chapter, lack of qualification of the respondent, or other appropriate grounds.
2 Motion for more definite statement. The respondent may file a motion that the allegations in the notice be made more definite and certain.
b Motion to dismiss request for hearing. The FAA may file a motion to dismiss a request for hearing based on jurisdiction, timeliness, or other appropriate grounds.
c Motion for decision on the pleadings or for summary decision.
After the complaint and answer are filed, either party may move for a decision on the pleadings or for a summary decision, in the manner provided by Rules 12 and 56, respectively, of the Federal Rules of Civil Procedure.
d Motion to strike. Upon motion of either party, the hearing officer may order stricken, from any pleadings, any insufficient allegation or defense, or any
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