(b)
Iftheadministrativelawjudge .ndsthatinterventionwill notundulybroadenthe issues ordelay theproceedings,the administrativelawjudge maygrant a motion forleave tointerveneif theperson willbeboundby any order ordecision enteredin theactionorthepersonhasaproperty, .nancial,orotherlegitimateinterestthat may notbe addressed adequatelyby theparties.The administrativelawjudge may determine the extent to which an intervenor may participate in the proceedings.
FAR 13.207 : Certi.cation of documents.
(a)
Signature required. The attorney of record, the party, or the party’s representative shall sign each document tendered for .ling with the hearing docket clerk, the administrative law judge, the FAA decisionmaker on appeal, or served on each party.
(b)
E.ect of signing a document. By signing a document, the attorney of record, the party, or the party’s representative certi.es that the attorney, the party, or the party’s representativehas readthe document and, based on reasonableinquiry and to the best of that person’s knowledge, information, and belief, the document is –
(1)
Consistent with these rules;
(2)
Warranted by existing law or that a good faith argument exists for extension, modi.cation, or reversal of existing law; and
(3)
Not unreasonable or unduly burdensome or expensive, not made to harass anyperson, not madeto cause unnecessary delay, not madeto cause needless increase in the cost of the proceedings, or for any other improper purpose.
(c)
Sanctions. If the attorney of record, the party, or the party’s representative signs adocumentin violation of this section, the administrativelawjudge or theFAA decisionmaker shall :
(1)
Strike the pleading signed in violation of this section;
(2)
Strike the request for discovery or the discovery response signed in violation of this section and preclude further discovery by the party;
(3)
Deny the motion or request signed in violation of this section;
(4)
Exclude the document signed in violation of this section from the record;
(5)
Dismisstheinterlocutory appeal andprecludefurther appeal onthatissueby the party who .led the appeal until an initial decision has been entered on the record; or
(6)
Dismiss the appealof the administrativelawjudge’sinitialdecision to theFAA decisionmaker.
FAR 13.208 : Complaint.
(a)
Filing. The agency attorney shall .le the original and one copy of the complaint with the hearing docket clerk, or may .le a written motion pursuant to rl3.218(f)(2)(i) of this subpart instead of .ling a complaint, not later than 20 days after receipt by the agency attorney of a request for hearing. The agency attorney should suggest a location for the hearing when .ling the complaint.
(b)
Service.An agency attorney shallpersonallydeliverormail acopy of the complaint on the respondent, the president of the corporation or company named as a re-spondent,orapersondesignatedby the respondenttoaccept serviceofdocuments in the civil penalty action.
(c)
Contents. A complaint shall set forth the facts alleged, any regulation allegedly violated by the respondent, and the proposed civil penalty in su.cient detail to provide notice of any factual orlegal allegation andproposed civilpenalty.
(d)
Motion to dismiss allegations or complaint. Instead of .ling an answer to the com-plaint, a respondent may move to dismiss the complaint, or that part of the com-plaint, alleginga violation that occurred on or afterAugust 2,1990, and more than 2 years before an agency attorney issued a notice of proposed civil penalty to the respondent.
(1)
An administrativelawjudge may notgrantthe motion anddismissthe com-plaintorpartofthecomplaintiftheadministrativelawjudge .ndsthatthe agency has shown good cause for any delay in issuing the notice of proposed civil penalty.
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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(53)
