(4)
Preclude thatportion ofthe testimony of thatparty’s witnesses at thehearing.
FAR 13.218 : Motions.
(a)
General. A party applying for an order or ruling not speci.cally provided in this subpart shall do so by motion. A party shall comply with the requirements of this sectionwhen .ling amotionwith theadministrativelawjudge.Aparty shall serve a copy of each motion on eachparty.
(b)
Form and contents. A party shall state the relief sought by the motion and the particular grounds supporting that relief. If a party has evidence in support of a motion,theparty shall attach any supporting evidence,including a.davits,tothe motion.
(c)
Filing of motions. A motion made prior to the hearing must be in writing. Unless otherwise agreed by the parties or for good cause shown, a party shall .le any prehearing motion, and shall serve a copy on each party, not later than 30 days before the hearing. Motions introduced during a hearing may be made orally on the record unlessthe administrativelawjudgedirects otherwise.
(d)
Answers to motions.Anyparty may .leananswer,with a.davitsorotherevidence in support of the answer, notlater than10days after service of a written motion on that party. When a motion is made during a hearing, the answer may be made at thehearing on the record, orally orin writing, within a reasonable timedetermined by the administrativelawjudge.
(e)
Rulings on motions.The administrativelawjudge shall rule on all motions asfollows:
(1)
Discovery motions.The administrativelawjudge shall resolveallpending dis-covery motions not later than 10 days before the hearing.
(2)
Prehearing motions. The administrative law judge shall resolve all pending prehearing motions not later than 7 days before the hearing. If the adminis-trativelawjudgeissues a ruling or order orally,the administrativelawjudge shall servea written copy of the ruling ororder, within3days, on eachparty. In all other cases,the administrativelawjudge shallissue rulings and orders in writing and shall serve a copy of the ruling or order on eachparty.
′
Elodie Roux. Septembre 2003
Subpart G : Rules of Practice in FAA Civil Penalty Actions
(3) Motions made during the hearing. The administrative law judge may issue rulings and orders on motions made during the hearing orally. Oral rulings or orders on motions must be made on the record.
(f) Speci.c motions.Aparty may .lethefollowing motionswith theadministrativelaw judge :
(1)
Motion to dismiss for insu.ciency. A respondent may .le a motion to dismiss the complaint for insu.ciency instead of .ling an answer. If the administra-tive law judge denies the motion to dismiss the complaint for insu.ciency, the respondent shall .le an answer not later than 10 days after service of the administrativelawjudge’s denial of the motion.A motion to dismiss the com-plaint for insu.ciency must show that the complaint fails to state a violation of theFederalAviationAct of1958, as amended, or a rule, regulation, or order issued thereunder, or a violation of the Hazardous Materials Transportation Act, or a rule, regulation, or order issued thereunder.
(2)
Motion todismiss.Aparty may.leamotiontodismiss,specifying thegrounds for dismissal. If an administrative law judge grants a motion to dismiss in part, aparty may appeal the administrativelawjudge’s ruling onthe motion to dismiss under r13.219(b) of this subpart.
(i)
Motion to dismiss a request for a hearing. An agency attorney may .le a motion to dismiss a request for a hearing instead of .ling a complaint. If the motion to dismiss is not granted, the agency attorney shall .le the complaint and shall serve a copy of the complaint on each party not laterthan10daysafterserviceof the administrativelawjudge’sruling or order on the motion todismiss.If the motion todismissisgranted and the proceedingsareterminated without ahearing,the respondent may.lean appealpursuant to r13.233 of this subpart. If required by the decision on appeal, the agency attorney shall .le a complaint and shall serve a copy of the complaint on eachparty notlaterthan10days after service of the decision on appeal.
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(57)
