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Federal Register / Vol. 86, No. 188 / Friday, October 1, 2021 / Rules and Regulations objections, and the final order. The hearing officer may determine whether arguments are to be oral or written. At the end of the hearing, the hearing officer may allow each party to submit written proposed findings and conclusions and supporting reasons for them.
13.63 Record, decision, and aircraft registration proceedings.

a The record. 1 The testimony and exhibits admitted at a hearing, together with all papers, requests, and rulings filed in the proceedings, are the exclusive basis for the issuance of the hearing officers decision.
2 On appeal to the Administrator, the record shall include all of the information identified in paragraph a1 of this section and evidence proffered but not admitted at the hearing.
3 Any party may obtain a transcript of the hearing from the official reporter upon payment of the required fees.
b Hearing officers decision. The decision by the hearing officer must include findings of fact based on the record, conclusions of law, and an appropriate order.
c Certain aircraft registration proceedings. If the hearing officer determines that an aircraft is ineligible for a certificate of aircraft registration in proceedings relating to aircraft registration orders suspending or revoking a certificate of registration under 13.20, the hearing officer may suspend or revoke the aircraft registration certificate.
13.65 Appeal to the Administrator, reconsideration, and judicial review.

a Any party to a hearing may appeal from the order of the hearing officer by filing with the FAA Hearing Docket a notice of appeal to the Administrator within 20 days after the date of issuance of the order. Filing and service of the notice of appeal, and any other papers, are accomplished according to the procedures in 13.43.
b If a notice of appeal is not filed from the order issued by a hearing officer, such order is final with respect to the parties. Such order is not binding precedent and is not subject to judicial review.
c Any person filing an appeal authorized by paragraph a of this section must file an appeal brief with the Administrator within 40 days after the date of issuance of the order, and serve a copy on the other party. A reply brief must be filed within 40 days after service of the appeal brief and a copy served on the appellant.
d On appeal, the Administrator reviews the record of the proceeding
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and issues an order dismissing, reversing, modifying or affirming the order. The Administrators order includes the reasons for the Administrators action. The Administrator considers only whether:
1 Each finding of fact is supported by a preponderance of the reliable, probative, and substantial evidence;
2 Each conclusion is made in accordance with law, precedent, and policy; and 3 The hearing officer committed any prejudicial error.
e The Director and legal personnel of the Office of Adjudication serve as the advisors to the Administrator for appeals under this section.
1 The Director has the authority to:
i Manage all or portions of individual appeals; and to prepare written decisions and proposed final orders in such appeals;
ii Issue procedural and other interlocutory orders aimed at proper and efficient appeal management, including, without limitation, scheduling and sanctions orders;
iii Grant or deny motions to dismiss appeals;
iv Dismiss appeals upon request of the appellant or by agreement of the parties;
v Stay decisions and orders of the Administrator, pending judicial review or reconsideration by the Administrator;
vi Summarily dismiss repetitious or frivolous petitions to reconsider or modify orders;
vii Correct typographical, grammatical, and similar errors in the Administrators decisions and orders, and to make non-substantive editorial changes; and viii Take all other reasonable steps deemed necessary and proper for the management of the appeals process, in accordance with this part and applicable law.
2 The Directors authority in paragraph e1 of this section may be re-delegated, as necessary, except to hearing officers and others materially involved in the hearing that is the subject of the appeal.
f Motions to reconsider the final order of the Administrator must be filed with the FAA Hearing Docket within thirty days of service of the Administrators order.
g Judicial review of the Administrators final order under this section is provided in accordance with 49 U.S.C. 5127 or 46110, as applicable.
13.67 Procedures for expedited proceedings.

a When an expedited administrative hearing is requested in accordance with
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13.20d, the procedures in this subpart will apply except as provided in paragraphs a1 through 7 of this section.
1 Service and filing of pleadings, motions, and documents must be by overnight delivery, and fax or email.
Responses to motions must be filed within 7 days after service of the motion.
2 Within 3 days after receipt of the request for hearing, the agency must file a copy of the notice of proposed action, which serves as the complaint, to the FAA Hearing Docket.
3 Within 3 days after receipt of the complaint, the person that requested the hearing must file an answer to the complaint. All allegations in the complaint not specifically denied in the answer are deemed admitted. Failure to file a timely answer, absent a showing of good cause, constitutes withdrawal of the request for hearing.
4 Within 3 days of the filing of the complaint, the Director of the Office of Adjudication will assign a hearing officer to preside over the matter.
5 The parties must serve discovery as soon as possible and set time limits for compliance with discovery requests that accommodate the accelerated adjudication schedule set forth in this subpart. The hearing officer will resolve any failure of the parties to agree to a discovery schedule.
6 The expedited hearing must commence within 40 days after the notice of proposed action was issued.
7 The hearing officer must issue an oral decision and order dismissing, reversing, modifying, or affirming the notice of proposed action at the close of the hearing. If a notice of appeal is not filed, such order is final with respect to the parties and is not subject to judicial review.
b Any party to the expedited hearing may appeal from the initial decision of the hearing officer to the Administrator by filing a notice of appeal within 3
days after the date on which the decision was issued. The time limitations for the filing of documents for appeals under this section will not be extended by reason of the unavailability of the hearing transcript.
1 Any appeal to the Administrator under this section must be perfected within 7 days after the date the notice of appeal was filed by filing a brief in support of the appeal. Any reply to the appeal brief must be filed within 7 days after the date the appeal brief was served on that party. The Administrator must issue an order deciding the appeal no later than 80 days after the date the notice of proposed action was issued.

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