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Federal Register / Vol. 86, No. 188 / Friday, October 1, 2021 / Rules and Regulations
Docket, or may file a written motion to dismiss a request for hearing under 13.218 instead of filing a complaint, not later than 20 days after receipt by the agency attorney of a request for hearing. When filing the complaint, the agency attorney must follow the filing instructions in 13.210. The agency attorney may suggest a location for the hearing when filing the complaint.
b Service. An agency attorney must serve a copy of the complaint on the respondent, the president of the corporation or company named as a respondent, or a person designated by the respondent to accept service of documents in the civil penalty action.
When serving the complaint, the agency attorney must follow the service instructions in 13.211.
c Contents. A complaint must set forth the facts alleged, any regulation allegedly violated by the respondent, and the proposed civil penalty in sufficient detail to provide notice of any factual or legal allegation and proposed civil penalty.
d Motion to dismiss stale allegations or complaint. Instead of filing an answer to the complaint, a respondent may move to dismiss the complaint, or that part of the complaint, alleging a violation that occurred more than 2
years before an agency attorney issued a notice of proposed civil penalty to the respondent.
1 An administrative law judge may not grant the motion and dismiss the complaint or part of the complaint if the administrative law judge finds that the agency has shown good cause for any delay in issuing the notice of proposed civil penalty.
2 If the agency fails to show good cause for any delay, an administrative law judge may dismiss the complaint, or that part of the complaint, alleging a violation that occurred more than 2
years before an agency attorney issued the notice of proposed civil penalty to the respondent.
3 A party may appeal the administrative law judges ruling on the motion to dismiss the complaint or any part of the complaint in accordance with 13.219b.
13.209

Answer.

a Writing required. A respondent must file in the FAA Hearing Docket a written answer to the complaint, or may file a written motion pursuant to 13.208 or 13.218 instead of filing an answer, not later than 30 days after service of the complaint. The answer must be dated and signed by the person responding to the complaint. An answer must be typewritten or legibly handwritten.

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b Filing. A person filing an answer or motion under paragraph a of this section must follow the filing instructions in 13.210.
c Service. A person filing an answer or a motion under paragraph a of this section must serve a copy of the answer or motion in accordance with the service instructions in 13.211.
d Contents. An answer must specifically state any affirmative defense that the respondent intends to assert at the hearing. A person filing an answer may include a brief statement of any relief requested in the answer. The person filing an answer may recommend a location for the hearing when filing the answer.
e Specific denial of allegations required. A person filing an answer must admit, deny, or state that the person is without sufficient knowledge or information to admit or deny, each allegation in the complaint. All allegations in the complaint not specifically denied in the answer are deemed admitted. A general denial of the complaint is deemed a failure to file an answer.
f Failure to file answer. A persons failure to file an answer without good cause will be deemed an admission of the truth of each allegation contained in the complaint.
13.210

Filing of documents.

a General rule. Unless provided otherwise in this subpart, all documents in proceedings under this subpart must be tendered for filing with the FAA
Hearing Docket.
b Methods of filing. Filing must be by email, personal delivery, 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 If delivery is via email or fax. The email address and fax number for the FAA Hearing Docket, made available on the FAA Office of Adjudication website.
d Date of filing. If a document is filed by fax or email, the date of filing is the date the email or fax is sent. If a
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document is filed by personal delivery, the date of filing is the date that personal delivery is accomplished. If a document is filed by mail, the date of filing 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.
e Form. Each document must be typewritten or legibly handwritten.
f Contents. Unless otherwise specified in this subpart, each document must contain a short, plain statement of the facts on which the persons case rests and a brief statement of the action requested.
g 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.
h Filing by email. A document that is filed by email must be attached as a 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.
13.211

Service of documents.

a General. A person must serve a copy of all documents on each party and the administrative law judge, if assigned, at the time of filing with the FAA Hearing Docket except as provided otherwise in this subpart.
b Service by the FAA Hearing Docket, the administrative law judge, and the FAA decisionmaker. The FAA
Hearing Docket, the administrative law judge, and the FAA decisionmaker must send documents to a party by personal delivery, mail, fax, or email as provided in this section.
c Methods of service1 General. A
person may serve any document by email, personal delivery, 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 a written retraction with the FAA
Hearing Docket and serving it on the other party and the administrative law judge. A document that is served by email must be attached as a PDF file to an email message.
d 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.

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