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Federal Register / Vol. 86, No. 188 / Friday, October 1, 2021 / Rules and Regulations administrative law judge, if assigned, and on each other party.
5 Motion for decision. A party may make a motion for decision, regarding all or any part of the proceedings, at any time before the administrative law judge has issued an initial decision in the proceedings. The administrative law judge must grant a partys motion for decision if the pleadings, depositions, answers to interrogatories, admissions, matters that the administrative law judge has officially noticed, or evidence introduced during the hearing shows that there is no genuine issue of material fact and that the party making the motion is entitled to a decision as a matter of law. The party making the motion for decision has the burden of showing that there is no genuine issue of material fact disputed by the parties.
6 Motion for disqualification. A
party may file a motion for disqualification in the FAA Hearing Docket and must serve a copy on the administrative law judge and on each party. A party may file the motion at any time after the administrative law judge has been assigned to the proceedings but must make the motion before the administrative law judge files an initial decision in the proceedings.
i Motion and supporting affidavit. A
party must state the grounds for disqualification in a motion for disqualification, including, but not limited to, a financial or other personal interest that would be affected by the outcome of the enforcement action, personal animus against a party to the action or against a group to which a party belongs, prejudgment of the adjudicative facts at issue in the proceeding, or any other prohibited conflict of interest. A party must submit an affidavit with the motion for disqualification that sets forth, in detail, the matters alleged to constitute grounds for disqualification.
ii Response. A party must respond to the motion for disqualification not later than 5 days after service of the motion for disqualification.
iii Decision on motion for disqualification. The administrative law judge must render a decision on the motion for disqualification not later than 15 days after the motion has been filed. If the administrative law judge finds that the motion for disqualification and supporting affidavit show a basis for disqualification, the administrative law judge must withdraw from the proceedings immediately. If the administrative law judge finds that disqualification is not warranted, the administrative law judge must deny the motion and state the grounds for the denial on the record. If the
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administrative law judge fails to rule on a partys motion for disqualification within 15 days after the motion has been filed, the motion is deemed granted.
iv Appeal. A party may appeal the administrative law judges denial of the motion for disqualification in accordance with 13.219b.
7 Motions for reconsideration of an initial decision, order dismissing a complaint, order dismissing a request for hearing or order dismissing a request for hearing and answer. The FAA
decisionmaker may treat motions for reconsideration of an initial decision, order dismissing a complaint, order dismissing a request for hearing, or order dismissing a request for hearing and answer as a notice of appeal under 13.233, and if the motion was filed within the time allowed for the filing of a notice of appeal, the FAA
decisionmaker will issue a briefing schedule.
13.219

Interlocutory appeals.

a General. Unless otherwise provided in this subpart, a party may not appeal a ruling or decision of the administrative law judge to the FAA
decisionmaker until the initial decision has been entered on the record. A
decision or order of the FAA
decisionmaker on the interlocutory appeal does not constitute a final order of the Administrator for the purposes of judicial appellate review as provided in 13.235.
b Interlocutory appeal for cause. If a party orally requests or files a written request for an interlocutory appeal for cause, the proceedings are stayed until the administrative law judge issues a decision on the request. Any written request for interlocutory appeal for cause must be filed in the FAA Hearing Docket and served on each party and on the administrative law judge. If the administrative law judge grants the request, the proceedings are stayed until the FAA decisionmaker issues a decision on the interlocutory appeal.
The administrative law judge must grant the request if a party shows that delay of the appeal would be detrimental to the public interest or would result in undue prejudice to any party.
c Interlocutory appeals of right. If a party notifies the administrative law judge of an interlocutory appeal of right, the proceedings are stayed until the FAA decisionmaker issues a decision on the interlocutory appeal. A party may file an interlocutory appeal of right, without the consent of the administrative law judge, before an initial decision has been entered in the case of:

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1 A ruling or order by the administrative law judge barring a person from the proceedings;
2 Failure of the administrative law judge to dismiss the proceedings in accordance with 13.215; or 3 A ruling or order by the administrative law judge in violation of 13.205b.
d Procedure. A party must file a notice of interlocutory appeal, with supporting documents, with the FAA
Hearing Docket, and must serve a copy of the notice and supporting documents on each party and the administrative law judge not later than 10 days after the administrative law judges decision forming the basis of an interlocutory appeal of right, or not later than 10 days after the administrative law judges decision granting an interlocutory appeal for cause, as appropriate. A party must file a reply, if any, with the FAA
Hearing Docket, and serve a copy on each party and the administrative law judge not later than 10 days after service of the appeal. The FAA decisionmaker must render a decision on the interlocutory appeal on the record and as a part of the decision in the proceedings, within a reasonable time after receipt of the interlocutory appeal.
e Summary rejection. The FAA
decisionmaker may reject frivolous, repetitive, or dilatory appeals, and may issue an order precluding one or more parties from making further interlocutory appeals in a proceeding in which there have been frivolous, repetitive, or dilatory interlocutory appeals.
13.220

Discovery.

a Initiation of discovery. Any party may initiate discovery described in this section without the consent or approval of the administrative law judge at any time after a complaint has been filed in the proceedings.
b Methods of discovery. The following methods of discovery are permitted under this section:
Depositions on oral examination or written questions of any person; written interrogatories directed to a party;
requests for production of documents or tangible items to any person; and requests for admission by a party. A
party must not file written interrogatories and responses, requests for production of documents or tangible items and responses, and requests for admission and response with the FAA
Hearing Docket or serve them on the administrative law judge. In the event of a discovery dispute, a party must attach a copy of the relevant documents in support of a motion made under this section.

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