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Federal Register / Vol. 86, No. 188 / Friday, October 1, 2021 / Rules and Regulations
immediately effective order issued under this section.
e Delegation of authority. The authority of the Administrator under this section is delegated to the Chief Counsel, each Deputy Chief Counsel, and the Assistant Chief Counsel for Enforcement.
13.21 through 13.29

Reserved
5. Revise subpart D to read as follows:

Subpart DRules of Practice for FAA
Hearings Sec.
13.31 Applicability.
13.33 Parties, representatives, and notice of appearance.
13.35 Request for hearing, complaint, and answer.
13.37 Hearing officer: Assignment and powers.
13.39 Disqualification of hearing officer.
13.41 Separation of functions and prohibition on ex parte communications.
13.43 Service and filing of pleadings, motions, and documents.
13.44 Reserved 13.45 Computation of time and extension of time.
13.47 Withdrawal or amendment of the complaint, answer, or other filings.
13.49 Motions.
13.51 Intervention.
13.53 Discovery.
13.55 Notice of hearing.
13.57 Subpoenas and witness fees.
13.59 Evidence.
13.61 Argument and submittals.
13.63 Record, decision, and aircraft registration proceedings.
13.65 Appeal to the Administrator, reconsideration, and judicial review.
13.67 Procedures for expedited proceedings.
13.69 Other matters: Alternative dispute resolution, standing orders, and forms.
13.31

Applicability.

This subpart applies to proceedings in which a hearing has been requested in accordance with 13.20 or 13.75.
Hearings under this subpart are considered informal and are provided through the Office of Adjudication.
13.33 Parties, representatives, and notice of appearance.

a Parties. Parties to proceedings under this subpart include the following: Complainant, respondent, and where applicable, intervenor.
1 Complainant is the FAA Office that issued the notice of proposed action under the authorities listed in 13.31.
2 Respondent is the party filing a request for hearing.
3 Intervenor is a person permitted to participate as a party under 13.51.
b Representatives. Any party to a proceeding under this subpart may appear and be heard in person or by a
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representative. A representative is an attorney, or another representative designated by the party.
c Notice of appearance1 Content.
The representative of a party must file a notice of appearance that includes the representatives name, address, telephone number, and, if available, fax number, and email address.
2 Filing. A notice of appearance may be incorporated into an initial filing in a proceeding. A notice of appearance by additional representatives or substitutes after an initial filing in a proceeding must be filed independently.
13.35 Request for hearing, complaint, and answer.

a Initial filing and service. A request for hearing must be filed with the FAA
Hearing Docket, and a copy must be served on the official who issued the notice of proposed action, in accordance with the requirements in 13.43 for filing and service of documents. The request for hearing must be in writing and describe the action proposed by the FAA, and must contain a statement that a hearing is requested under this subpart.
b Complaint. Within 20 days after service of the copy of the request for hearing, the official who issued the notice of proposed action must forward a copy of that notice, which serves as the complaint, to the FAA Hearing Docket.
c Answer. Within 30 days after service of the copy of the complaint, the Respondent must file an answer to the complaint. All allegations in the complaint not specifically denied in the answer are deemed admitted.
13.37 Hearing officer: Assignment and powers.

As soon as practicable after the filing of the complaint, the Director of the Office of Adjudication will assign a hearing officer to preside over the matter. The hearing officer may a Give notice concerning, and hold, prehearing conferences and hearings;
b Administer oaths and affirmations;
c Examine witnesses;
d Adopt procedures for the submission of evidence in written form;
e Issue subpoenas;
f Rule on offers of proof;
g Receive evidence;
h Regulate the course of proceedings, including but not limited to discovery, motions practice, imposition of sanctions, and the hearing;
i Hold conferences, before and during the hearing, to settle and simplify issues by consent of the parties;
j Dispose of procedural requests and similar matters;

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k Issue protective orders governing the exchange and safekeeping of information otherwise protected by law, except that national security information may not be disclosed under such an order;
l Issue orders and decisions, and make findings of fact, as appropriate;
and m Take any other action authorized by this subpart.
13.39

Disqualification of hearing officer.

a Motion and supporting affidavit.
Any party may file a motion for disqualification under 13.49g. A
party must state the grounds 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.
b Timing. A motion for disqualification must be filed prior to the issuance of the hearing officers decision under 13.63b. Any party may file a response to a motion for disqualification, but must do so no later than 5 days after service of the motion for disqualification.
c Decision on motion for disqualification. The hearing officer must render a decision on the motion for disqualification no later than 15 days after the motion has been filed. If the hearing officer finds that the motion for disqualification and supporting affidavit show a basis for disqualification, the hearing officer must withdraw from the proceedings immediately. If the hearing officer finds that disqualification is not warranted, the hearing officer must deny the motion and state the grounds for the denial on the record. If the hearing officer fails to rule on a partys motion for disqualification within 15
days after the motion has been filed, the motion is deemed granted.
d Self-disqualification. A hearing officer may disqualify himself or herself at any time.
13.41 Separation of functions and prohibition on ex parte communications.

a Separation of powers. The hearing officer independently exercises the powers under this subpart in a manner conducive to justice and the proper dispatch of business. The hearing officer
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