[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: 14CFR302.11]



[Page 280-281]

 

                     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 Sec. Sec. 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 281]]



    (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.