[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: 14CFR302.13]



[Page 282-283]

 

                     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. 302.13  Consolidation of proceedings.



    (a) Initiation of consolidations. The Department, upon its own 

initiative or upon motion, may consolidate for hearing or for other 

purposes or may contemporaneously consider two or more proceedings that 

involve substantially the same parties, or issues that are the same or 

closely related, if it finds that such consolidation or contemporaneous 

consideration will be conducive to the proper dispatch of its business 

and to the ends of justice and will not unduly delay the proceedings. 

Although the Department may, in any particular case, consolidate or 

contemporaneously consider two or more proceedings on its own motion, 

the burden of seeking consolidation or contemporaneous consideration of 

a particular application shall rest upon the applicant and the 

Department will not undertake to search its docket for all applications 

that might be consolidated or contemporaneously considered.

    (b) Time for filing. Unless the Department has provided otherwise in 

a particular proceeding, a motion to consolidate or contemporaneously 

consider an application with any other application shall be filed within 

21 days of the original application in the case of international route 

awards under section 41102 of the Statute (see Sec. 302.212), or, where 

a proceeding has



[[Page 283]]



been set for hearing before an administrative law judge, not later than 

the prehearing conference in the proceeding with which consolidation or 

contemporaneous consideration is requested. If made at such conference, 

the motion may be oral. All motions for consolidation or consideration 

of issues that enlarge, expand, or otherwise change the nature of the 

proceeding shall be addressed to the DOT decisionmaker, unless made 

orally at the prehearing conference, in which event the presiding 

administrative law judge shall present such motion to the DOT 

decisionmaker for his or her decision. A motion that is not timely 

filed, or that does not relate to an application pending at such time, 

shall be dismissed unless the movant shall clearly show good cause for 

failure to file such motion or application on time.

    (c) Answer. If a motion to consolidate two or more proceedings is 

filed with the Department, any party to any of such proceedings, or any 

person who has a petition for intervention pending, may file an answer 

to such motion within such period as the DOT decisionmaker may permit. 

The administrative law judge may require that answers to such motions be 

stated orally at the prehearing conference in the proceeding with which 

the consolidation is proposed.