(b)
An agency employee engaged in the performance of investigative or prosecutorial functions in a civil penalty action shall not, in that case or a factually-related case, participate or give advice in a decision by the administrative law judge or
by the FAA decisionmaker on appeal, except as counsel or a witness in the public proceedings.
(c)
The Chief Counsel, the Assistant Chief Counsel for Litigation, the Special Counsel and Director of Civil Penalty Adjudications, or an attorney on the sta. of either the Assistant Chief Counsel for Litigation or the Special Counsel and Director of CivilPenaltyAdjudications, will advise theFAAdecisionmaker regarding aninitial decision or any appeal of a civil penalty action to the FAA decisionmaker.
FAR 13.204 : Appearances and rights of parties.
(a)
Any party may appear and be heard in person.
(b)
Anyparty maybe accompanied, represented, or advisedby an attorney or represen-tativedesignatedby theparty and may be examinedby thatattorney or represen-tative in any proceeding governed by this subpart. An attorney or representative whorepresentsaparty may.leanoticeof appearanceintheaction,inthemanner provided in r13.210 of this subpart, and shall serve a copy of the notice of ap-pearance on each party, in the manner provided in r13.211 of this subpart, before participating in any proceeding governed by this subpart. The attorney or repre-sentative shall include the name, address, and telephone number of the attorney or representative in the notice of appearance.
(c)
Anyperson may request a copy of adocument uponpaymentof reasonablecosts.A person may keep an original document, data, or evidence, with the consent of the administrative law judge, by substituting a legible copy of the document for the record.
FAR13.205 :Administrativelawjudges.
(a)
Powers of an administrativelawjudge. In accordance with the rules of this subpart, an administrativelawjudge may :
(1)
Give notice of, and hold, prehearing conferences and hearings;
(2)
Administer oaths and a.rmations;
(3)
Issue subpoenas authorized by law and issue notices of deposition requested by the parties;
(4)
Rule on o.ers of proof;
(5)
Receive relevant and material evidence;
(6)
Regulate the course ofthehearingin accordance with the rules of this subpart;
(7)
Hold conferences to settle or to simplify the issues by consent of the parties;
(8)
Dispose of procedural motions and requests; and
(9)
Make .ndings of fact and conclusions of law, and issue an initial decision.
(b)
Limitations on the power of the administrative law judge. The administrative law judge shall not issue an order of contempt, award costs to any party, or impose any sanction not speci.edinthis subpart.If the administrativelawjudgeimposes any sanctionnotspeci.edinthissubpart,aparty may .leaninterlocutory appeal of right with the FAA decisionmaker pursuant to r13.219(c)(4) of this subpart. This sectiondoes notpreclude an administrativelawjudgefromissuing an order thatbarsapersonfromaspeci.cproceedingbased ona .nding of obstreperousor disruptive behavior in that speci.c proceeding.
′
Elodie Roux. Septembre 2003
Subpart G : Rules of Practice in FAA Civil Penalty Actions
(c)
Disquali.cation.The administrativelawjudge maydisqualifyhimselforherselfat any time.Aparty may .leamotion,pursuantto r13.218(f)(6), requesting that an administrative lawjudge be disquali.ed from the proceedings.
FAR 13.206 : Intervention.
(a)
A person may submit a motion for leave to intervene as a party in a civil penalty action. Except for good cause shown, a motion for leave to intervene shall be sub-mitted not later than 10 days before the hearing.
中国航空网 www.aero.cn
航空翻译 www.aviation.cn
本文链接地址：FAA规章 美国联邦航空规章 Federal Aviation Regulations 1(52)
