[Code of Federal Regulations]
[Title 14, Volume 4]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR302.11]

[Page 283-284]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
   CHAPTER II--OFFICE OF THE SECRETARY, DEPARTMENT OF TRANSPORTATION 
                         (AVIATION PROCEEDINGS)
 
PART 302--RULES OF PRACTICE IN PROCEEDINGS--Table of Contents
 
                Subpart A--Rules of General Applicability
 
Sec. 302.11  Motions.

    (a) Generally. An application to the DOT decisionmaker or an 
administrative law judge for an order or ruling not otherwise 
specifically provided for in this part shall be by motion. If an 
administrative law judge is assigned to a proceeding and before the 
issuance of a recommended or initial decision or the certification of 
the record to the DOT decisionmaker, all motions shall be addressed to 
the administrative law judge. At all other times, motions shall be 
addressed to the DOT decisionmaker. All motions shall be made at an 
appropriate time depending upon the nature thereof and the relief 
requested therein. This paragraph should not be construed as authorizing 
motions in the nature of petitions for reconsideration.
    (b) Form and contents. Unless made during a hearing, motions shall 
be made in writing in conformity with Secs. 302.3 and 302.4, shall state 
their grounds and the relief or order sought, and shall be accompanied 
by any affidavits or other evidence desired to be relied upon. Motions 
made during hearings, answers to them, and rulings on them, may be made 
orally on the record unless the administrative law judge directs 
otherwise. Written motions shall be filed as separate documents, and 
shall not be incorporated in any other documents, except where 
incorporation of a motion in another document is specifically authorized 
by the Department, or where a document is filed that requests 
alternative forms of relief and one of these alternative requests is 
properly to be made by motion. In these instances the document filed 
shall be appropriately titled and identified to indicate that it 
incorporates a motion; otherwise, the motion will be disregarded.
    (c) Answers to motions. Within seven (7) days after a motion is 
served, or such other period as the DOT decisionmaker or the 
administrative law judge may fix, any party to the proceeding may file 
an answer in support of or in opposition to the motion, accompanied by 
such affidavits or other evidence as it desires to rely upon. Except as 
otherwise provided, no reply to an answer, reply to a reply, or any 
further responsive document shall be filed.
    (d) Oral arguments; briefs. No oral argument will be heard on 
motions unless the DOT decisionmaker or the administrative law judge 
otherwise directs. Written memoranda or briefs may be filed with motions 
or answers to motions, stating the points and authorities relied upon in 
support of the position taken.
    (e) Requests for expedition. Any interested person may by motion 
request expedition of any proceeding or file an answer in support of or 
in opposition to such motions.
    (f) Effect of pendency of motions. The filing or pendency of a 
motion shall not automatically alter or extend the time to take action 
fixed by this part or by any order of the Department or of an 
administrative law judge (or any extension granted thereunder).

[[Page 284]]

    (g) Disposition of motions. The DOT decisionmaker shall pass upon 
all motions properly submitted to him or her for decision. The 
administrative law judge shall pass upon all motions properly addressed 
to him or her, except that, if the administrative law judge finds that a 
prompt decision by the DOT decisionmaker on a motion is essential to the 
proper conduct of the proceeding, the administrative law judge may refer 
such motion to the DOT decisionmaker for decision.
    (h) Appeals to the DOT decisionmaker from rulings of administrative 
law judges. Rulings of administrative law judges on motions may not be 
appealed to the DOT decisionmaker prior to his or her consideration of 
the entire proceeding except in extraordinary circumstances and with the 
consent of the administrative law judge. An appeal shall be disallowed 
unless the administrative law judge finds, either on the record or in 
writing, that the allowance of such an appeal is necessary to prevent 
substantial detriment to the public interest or undue prejudice to any 
party. If an appeal is allowed, any party may file a brief with the DOT 
decisionmaker within such period as the administrative law judge 
directs. No oral argument will be heard unless the DOT decisionmaker 
directs otherwise. The rulings of the administrative law judge on a 
motion may be reviewed by the DOT decisionmaker in connection with his 
or her final action in the proceeding or at any other appropriate time 
irrespective of the filing of an appeal or any action taken on it.