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Federal Register / Vol. 86, No. 188 / Friday, October 1, 2021 / Rules and Regulations
redundant, immaterial, impertinent, or scandalous matter.
e Motion to compel. Any party may file a motion asking the hearing officer to order any other party to produce discovery requested in accordance with 13.53 if 1 The other party has failed to timely produce the requested discovery;
and 2 The moving party certifies it has in good faith conferred with the other party in an attempt to obtain the requested discovery prior to filing the motion to compel.
f Motion for protective order. The hearing officer may order information contained in anything filed, or in any testimony given pursuant to this subpart withheld from public disclosure when, in the judgment of the hearing officer, disclosure would be detrimental to aviation safety; disclosure would not be in the public interest; or the information is not otherwise required to be made available to the public. Any person may make written objection to the public disclosure of any information, stating the ground for such objection.
g Other motions. Any application for an order or ruling not otherwise provided for in this subpart must be made by motion.
h Responses to motions. Any party may file a response to any motion under this subpart within 10 days after service of the motion.
13.51

Intervention.

Any person may move for leave to intervene in a proceeding and may become a party thereto, if the hearing officer, after the case is sent to the hearing officer for hearing, finds that the person may be bound by the order to be issued in the proceedings or has a property or financial interest that may not be adequately represented by existing parties, and that the intervention will not unduly broaden the issues or delay the proceedings.
Except for good cause shown, a motion for leave to intervene may not be considered if it is filed less than 10 days before the hearing.

includes interrogatories, requests for admission or stipulations, and requests for production of documents.
2 Unless otherwise directed by the hearing officer, a party must serve its response to a discovery request no later than 30 days after service of the discovery request.
d Depositions. After the respondent has filed a request for hearing and an answer, either party may take testimony by deposition.
e Limits on discovery. The hearing officer may limit the frequency and extent of discovery upon a showing by a party that 1 The discovery requested is cumulative or repetitious;
2 The discovery requested can be obtained from another less burdensome and more convenient source;
3 The party requesting the information has had ample opportunity to obtain the information through other discovery methods permitted under this section; or 4 The method or scope of discovery requested by the party is unduly burdensome or expensive.
13.55

Notice of hearing.

The hearing officer must set a reasonable date, time, and location for the hearing, and must give the parties adequate notice thereof, and of the nature of the hearing. Due regard must be given to the convenience of the parties with respect to the location of the hearing.
13.57

Subpoenas and witness fees.

a Application. The hearing officer, upon application by any party to the proceeding, may issue subpoenas requiring the attendance of witnesses or the production of documents or tangible things at a hearing or for the purpose of taking depositions, as permitted by law.
The application for producing evidence must show its general relevance and reasonable scope. Absent good cause shown, a party must file a request for a subpoena at least:
1 15 days before a scheduled deposition under the subpoena; or 2 30 days before a scheduled hearing 13.53 Discovery.
where attendance at the hearing is sought.
a Filing. Discovery requests and b Procedure. A party seeking the responses are not filed with the FAA
production of a document in the Hearing Docket unless in support of a custody of an FAA employee must use motion, offered for impeachment, or the discovery procedure found in other permissible circumstances as 13.53, and if necessary, a motion to approved by the hearing officer.
b Scope of discovery. Any party may compel under 13.49. A party that applies for the attendance of an FAA
discover any matter that is not privileged and is relevant to any partys employee at a hearing must send the application, in writing, to the hearing claim or defense.
officer. The application must set forth c Time for response to written discovery requests. 1 Written discovery the need for that employees attendance.

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c Fees. Except for an employee of the agency who appears at the direction of the agency, a witness who appears at a deposition or hearing is entitled to the same fees and allowances as provided for under 28 U.S.C. 1821. The party who applies for a subpoena to compel the attendance of a witness at a deposition or hearing, or the party at whose request a witness appears at a deposition or hearing, must pay the witness fees and allowances described in this section.
d Service of subpoenas. Any person who is at least 18 years old and not a party may serve a subpoena. Serving a subpoena requires delivering a copy to the named person. Except for the complainant, the party that requested the subpoena must tender at the time of service the fees for 1 days attendance and the allowances allowed by law if the subpoena requires that persons attendance. Proving service, if necessary, requires the filing with the FAA Hearing Docket of a statement showing the date and manner of service and the names of the persons served.
The server must certify the statement.
e Motion to quash or modify the subpoena. A party, or any person served with a subpoena, may file a motion to quash or modify the subpoena with the hearing officer at or before the time specified in the subpoena for compliance. The movant must describe, in detail, the basis for the application to quash or modify the subpoena including, but not limited to, a statement that the testimony, document, or tangible thing is not relevant to the proceeding, that the subpoena is not reasonably tailored to the scope of the proceeding, or that the subpoena is unreasonable and oppressive. A motion to quash or modify the subpoena will stay the effect of the subpoena pending a decision by the hearing officer on the motion.
f Enforcement of subpoena. If a person disobeys a subpoena, a party may apply to a U.S. district court to seek judicial enforcement of the subpoena.
13.59

Evidence.

a Each party to a hearing may present the partys case or defense by oral or documentary evidence, submit evidence in rebuttal, and conduct such cross-examination as may be needed for a full disclosure of the facts.
b Except with respect to affirmative defenses and notices of proposed denial, the burden of proof is upon the complainant.
13.61

Argument and submittals.

The hearing officer must give the parties adequate opportunity to present arguments in support of motions,
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