[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: 14CFR302.35]

[Page 299-300]
 
                     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. 302.35  Briefs to the DOT decisionmaker.

    (a) Time for filing. Within such period after the date of service of 
any tentative decision by the DOT decisionmaker as may be fixed therein, 
any party may file a brief addressed to the DOT decisionmaker in support 
of his or her exceptions to such decision or in opposition to the 
exceptions filed by any other party. Briefs to the DOT decisionmaker on 
initial or recommended decisions of administrative law judges shall be 
filed only in those cases where the DOT decisionmaker grants 
discretionary review and orders further proceedings, pursuant to 
Sec. 302.32(d)(2), and only upon those issues specified in the order. 
Such briefs shall be filed within thirty (30) days after date of service 
of the order granting discretionary review unless otherwise specified in 
the order. In cases where, because of the limited number of parties and 
the nature of the issues, the filing of opening, answering, and reply 
briefs will not unduly delay the proceeding and will assist in its 
proper disposition, the DOT decisionmaker may direct that the parties 
file briefs at different times rather than at the same time.
    (b) Effect of failure to restate objections in briefs. In 
determining the merits of an appeal, the DOT decisionmaker will not 
consider the exceptions or the petition for discretionary review but 
will consider only the brief. Each objection contained in the exceptions 
or each issue specified in the DOT decisionmaker's order exercising 
discretionary review must be restated and supported by a statement and 
adequate discussion of all matters relied upon, in a brief filed 
pursuant to and in compliance with the requirements of this section.
    (c) Formal specifications of briefs--(1) Contents. Each brief shall 
discuss every point of law, fact, or precedent that the party submitting 
it is entitled to raise and that it wishes the DOT decisionmaker to 
consider. Each brief shall include a summary of the argument not to 
exceed five (5) pages. Support and justification for every point raised 
shall include itemized references to the pages of the transcript of 
hearing, exhibit or other matter of record, and citations of the 
statutes, regulations, or principal authorities relied upon. If a brief 
or any point discussed in the brief is not in substantial conformity 
with the requirement for such support and justification, no motion to 
strike or dismiss such document shall be made but the DOT decisionmaker 
may disregard the points involved. Copies of

[[Page 300]]

briefs may be furnished by use of electronic media in a format 
acceptable to the Department and the parties.
    (2) Incorporation by reference. Briefs to the DOT decisionmaker 
shall be completely self-contained and shall not incorporate by 
reference any portion of any other brief or pleading; Provided, however, 
That instead of submitting a brief to the DOT decisionmaker a party may 
adopt by reference specifically identified pages or the whole of his or 
her prior brief to the administrative law judge if the latter complies 
with all requirements of this section. In such cases, the party shall 
file with Department of Transportation Dockets a letter exercising this 
privilege and serve all parties in the same manner as a brief to the DOT 
decisionmaker.
    (3) Length. Except by permission or direction of the DOT 
decisionmaker, briefs shall not exceed fifty (50) pages including pages 
contained in any appendix, table, chart, or other document physically 
attached to the brief, but excluding maps and the summary of the 
argument. In this case ``map'' means only those pictorial 
representations of routes, flight paths, mileage, and similar ancillary 
data that are superimposed on geographic drawings and contain only such 
text as is needed to explain the pictorial representation.