(h)
Answers to motions.Anyparty may .leananswertoany motionunderthissection within 5 days after service of the motion.
FAR 13.51 : Intervention.
Anypersonmay moveforleavetointervenein aproceeding and maybecomeaparty thereto, if the Hearing O.cer, after the case is sent to the Hearing O.cer for hearing, .ndsthatthepersonmaybeboundby the ordertobeissuedintheproceedingsorhasa propertyor .nancialinterestthat may notbeadequately representedby existingparties, 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 .led less than 10 days before the hearing.
FAR 13.53 : Depositions.
Aftertherespondenthas .led arequestforhearing and ananswer,eitherparty may take testimony by deposition in accordance with section 1004 of the Federal Aviation Act of1958(49U.S.C.1484) orRule26,FederalRules ofCivilProcedure.
FAR 13.55 : Notice of hearing.
The Hearing O.cer shall set a reasonable date, time, and place for the hearing, and shallgive theparties adequate notice thereof and ofthe nature of thehearing.Due regard shall be given to the convenience of the parties with respect to the place of the hearing.
FAR 13.57 : Subpoenas and witness fees.
(a) TheHearing O.certo whom a caseis assigned may, upon applicationby anyparty to the proceeding, issue subpoenas requiring the attendance of witnesses or the production of documentary or tangible evidence at a hearing or for the purpose of taking depositions. However, the application for producing evidence must show its general relevance and reasonable scope. This paragraph does not apply to the attendanceofFAA employeesortotheproductionofdocumentary evidenceinthe custody of such an employee at a hearing.
(b)
A person who applies for the production of a document in the custody of an FAA employee must follow theprocedure in r13.49(f).Aperson who appliesforthe at-tendance of anFAA employee must send the application,in writing, to theHearing O.cer setting forth the need for that employee’s attendance.
(c)
A witnessin aproceeding under this subpartis entitled to the samefees and mileage as is paid to a witness in a court of the United States under comparable circum-stances. The party at whose instance the witness is subpoenaed or appears shall pay the witness fees.
(d)
Notwithstanding theprovisions ofparagraph(c) ofthis section, theFAApays the witnessfees and mileageif theHearingO.cer whoissued the subpoenadetermines, on the basis of a written request and good cause shown, that –
(1)
The presence of the witness will materially advance the proceeding; and
(2)
The party at whose instance the witness is subpoenaed would su.er a serious hardship if required to pay the witness fees and mileage.
FAR 13.59 : Evidence.
(a)
Eachparty to ahearing maypresent theparty’s case ordefense by oral ordocumen-tary 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 a.rmativedefenses and orders of denial, the burden ofproof is upon the FAA counsel.
(c)
TheHearingO.cermayorderinformationcontainedinany report ordocument .led orin any testimonygivenpursuanttothis subpart withheldfrompublicdisclosure when,inthejudgment of theHearingO.cer,disclosurewould adversely a.ectthe interestsof anypersonandisnot requiredinthepublicinterestoris nototherwise required by statute to be made available to the public. Any person may make written objection to the public disclosure of such information, stating the ground for such objection.
FAR 13.61 : Argument and submittals.
TheHearingO.cer shallgive theparties adequate opportunity topresent arguments insupportof motions,objections,and the .nal order.TheHearingO.cermaydetermine whether arguments are tobe oral or written.At the end ofthehearingtheHearingO.cer may,in thediscretion of theHearingO.cer, allow eachparty to submit writtenproposed .ndings and conclusions and supporting reasons for them.
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本文链接地址：FAA规章 美国联邦航空规章 Federal Aviation Regulations 1(44)
