[Code of Federal Regulations] [Title 14, Volume 4] [Revised as of January 1, 2006] From the U.S. Government Printing Office via GPO Access [CITE: 14CFR302.1] [Page 273-275] 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 Sec. 302.1 Applicability and description of part. Sec. 302.1 Applicability and description of part. 302.2 Definitions. Subpart A_Rules of General Applicability 302.3 Filing of documents. 302.4 General requirements as to documents. 302.5 Amendment of documents. 302.6 Responsive documents. 302.7 Service of documents. 302.8 Computation of time. 302.9 Continuances and extensions of time. 302.10 Parties. 302.11 Motions. 302.12 Objections to public disclosure of information. 302.13 Consolidation of proceedings. 302.14 Petitions for reconsideration. Non-Hearing Proceedings 302.15 Non-hearing procedures. Rulemaking Proceedings 302.16 Petitions for rulemaking. Oral Evidentiary Hearing Proceedings 302.17 Administrative law judges. 302.18 DOT decisionmaker. 302.19 Participation by persons not parties. 302.20 Formal intervention. 302.21 Appearances. 302.22 Prehearing conference. 302.23 Hearing. 302.24 Evidence. 302.25 Subpoenas. 302.26 Depositions. 302.27 Rights of witnesses; attendance fees and mileage. 302.28 Transcripts of hearings. 302.29 Argument before the administrative law judge. 302.30 Briefs to the administrative law judge. 302.31 Initial and recommended decisions; certification of the record. 302.32 Petitions for discretionary review of initial or recommended decisions; review proceedings. 302.33 Tentative decision of the DOT decisionmaker. 302.34 Exceptions to tentative decisions of the DOT decisionmaker. 302.35 Briefs to the DOT decisionmaker. 302.36 Oral argument before the DOT decisionmaker. 302.37 Waiver of procedural steps after hearing. 302.38 Final decision of the DOT decisionmaker. Subpart B_Rules Applicable to U.S. Air Carrier Certificate and Foreign Air Carrier Permit Licensing Proceedings 302.201 Applicability. 302.202 Contents of applications. 302.203 Service of documents. 302.204 Responsive documents. 302.205 Economic data and other facts. 302.206 Verification. [[Page 274]] Disposition of Applications 302.207 Cases to be decided on written submissions. 302.208 Petitions for oral presentation or judge's decision. 302.209 Procedures for deferral of applications. 302.210 Disposition of applications; orders establishing further procedures. 302.211 Procedures in certificate cases involving initial or continuing fitness. 302.212 Procedures in certificate cases involving international routes. 302.213 Procedures in foreign air carrier permit cases. 302.214 Oral evidentiary hearing. 302.215 Briefs to the administrative law judge. 302.216 Administrative law judge's initial or recommended decision. 302.217 Exceptions to administrative law judge's initial or recommended decision. 302.218 Briefs to the DOT decisionmaker. 302.219 Oral argument before the DOT decisionmaker. 302.220 Final decision of the Department. Subpart C_Rules Applicable to Exemption and Certain Other Proceedings 302.301 Applicability. 302.302 Filing of applications. 302.303 Contents of applications. 302.304 Service of documents. 302.305 Posting of applications. 302.306 Dismissal or rejection of incomplete applications. 302.307 Answers to applications. 302.308 Replies to answers. 302.309 Requests for hearing. 302.310 Exemptions on the Department's initiative. 302.311 Emergency exemptions. Subpart D_Rules Applicable to Enforcement Proceedings 302.401 Applicability. 302.402 Definitions. 302.403 Informal complaints. 302.404 Formal complaints. 302.405 Responsive documents. 302.406 Procedure for responding to formal complaints. 302.407 Commencement of enforcement proceeding. 302.408 Answers and replies. 302.409 Default. 302.410 Consolidation of proceedings. 302.411 Motions to dismiss and for summary judgment. 302.412 Admissions as to facts and documents. 302.413 Evidence of previous violations. 302.414 Prehearing conference. 302.415 Hearing. 302.416 Appearances by persons not parties. 302.417 Settlement of proceedings. 302.418 Motions for immediate suspension of operating authority pendente lite. 302.419 Modification or dissolution of enforcement actions. 302.420 Saving clause. Subpart E_Rules Applicable to Proceedings With Respect to Rates, Fares and Charges for Foreign Air Transportation 302.501 Applicability. 302.502 Institution of proceedings. 302.503 Contents and service of petition or complaint. 302.504 Dismissal of petition or complaint. 302.505 Order of investigation. 302.506 Complaints requesting suspension of tariffs; answers to such complaints. 302.507 Computing time for filing complaints. Subpart F_Rules Applicable to Proceedings Concerning Airport Fees 302.601 Applicability. 302.602 Complaint by a carrier; request for determination by an airport owner or operator. 302.603 Contents of complaint or request for determination. 302.604 Answers to a complaint or request for determination. 302.605 Replies. 302.606 Review of complaints or requests for determination. 302.607 Decision by administrative law judge. 302.608 Petitions for discretionary review. 302.609 Completion of proceedings. 302.610 Final order. Subpart G_Rules Applicable to Mail Rate Proceedings and Mail Contracts 302.701 Applicability. Final Mail Rate Proceedings 302.702 Institution of proceedings. 302.703 Order to show cause or instituting a hearing. 302.704 Objections and answers to order to show cause. 302.705 Further procedures. 302.706 Hearing. Provision for Temporary Rate 302.707 Procedure for fixing temporary mail rates. Informal Mail Rate Conference Procedure 302.708 Invocation of procedure. 302.709 Scope of conferences. 302.710 Participants in conferences. [[Page 275]] 302.711 Conditions upon participation. 302.712 Information to be requested from an air carrier. 302.713 DOT analysis of data for submission of answers thereto. 302.714 Availability of data to the U.S. Postal Service. 302.715 Post-conference procedure. 302.716 Effect of conference agreements. 302.717 Waiver of participant conditions. Processing Contracts for the Carriage of Mail in Foreign Air Transportation 302.718 Filing. 302.719 Explanation and data supporting the contract. 302.720 Service. 302.721 Complaints. 302.722 Answers to complaints. 302.723 Further procedures. 302.724 Petitions for reconsideration. Appendix A to Part 302--Index to Rules of Practice Authority: 39 U.S.C. 5402; 42 U.S.C., 4321, 49 U.S.C. Subtitle I and Chapters 401, 411, 413, 415, 417, 419, 461, 463, 471. Source: Docket No. OST-97-2090, 65 FR 6457, Feb. 9, 2000, unless otherwise noted. (a) Applicability. This part governs the conduct of all aviation economic proceedings before the Department whether instituted by order of the Department or by the filing with the Department of an application, complaint, petition, motion, or other authorized or required document. This part also contains delegations to administrative law judges and to the DOT decisionmaker of the Department's function to render the agency decision in certain cases and the procedures for review of those decisions. This part applies unless otherwise specified by order of the Department. (b) Description. Subpart A of this part sets forth general rules applicable to all types of proceedings. Each of the other subparts of this part sets forth special rules applicable to the type of proceedings described in the title of the subpart. Therefore, for information as to applicable rules, reference should be made to subpart A and to the rules in the subpart relating to the particular type of proceeding, if any. In addition, reference should be made to Subtitle VII of Title 49 of the United States Code (Transportation) (``the Statute''), and to the substantive rules, regulations and orders of the Department relating to the proceeding. Wherever there is any conflict between one of the general rules in subpart A and a special rule in another subpart applicable to a particular type of proceeding, the special rule will govern. (c) Reference to part and method of citing rules. This part may be referred to as the ``Rules of Practice''. Each section, and any paragraph or subparagraph thereof, may be referred to as a ``Rule''. The number of each rule need include only the numbers and letters at the right of the decimal point. For example, ``302.7 Service of documents'', may be referred to as ``Rule 7''.