[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: 14CFR302.14]



[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. 302.14  Petitions for reconsideration.



    (a) Department orders subject to reconsideration; time for filing. 

(1) Unless an order or a rule of the Department specifically provides 

otherwise:

    (i) Any interested person may file a petition for reconsideration of 

any interlocutory order issued by the Department that institutes a 

proceeding; and

    (ii) Any party to a proceeding may file a petition for 

reconsideration, rehearing, or reargument of final orders issued by the 

Department (See Sec. 302.38), or an interlocutory order that defines 

the scope and issues of a proceeding or suspends a provision of a tariff 

on file with the Department.

    (2) Unless otherwise provided, petitions for reconsideration shall 

be filed, in the case of a final order, within twenty (20) days after 

service thereof, and, in the case of an interlocutory order, within ten 

(10) days after service. However, neither the filing nor the granting of 

such a petition shall operate as a stay of such final or interlocutory 

order unless specifically so ordered by the DOT decisionmaker. Within 

ten (10) days after a petition for reconsideration, rehearing, or 

reargument is filed, any party to the proceeding may file an answer in 

support of or in opposition. Motions for extension of time to file a 

petition or answer, and for leave to file a petition or answer after the 

time for the filing has expired, will not be granted except on a showing 

of unusual and exceptional circumstances, constituting good cause for 

the movant's inability to meet the established procedural dates.

    (b) Contents of petition. A petition for reconsideration, rehearing, 

or reargument shall state, briefly and specifically, the matters of 

record alleged to have been erroneously decided, the ground relied upon, 

and the relief sought. If a decision by the Secretary or Deputy 

Secretary is requested, the petition should describe in detail the 

reasons for such request and specify any important national 

transportation policy issues that are presented. If the petition is 

based, in whole or in part, on allegations as to the consequences that 

would result from the final order, the basis of such allegations shall 

be set forth. If the petition is based, in whole or in part, on new 

matter, such new matter shall be set forth, accompanied by a statement 

to the effect that petitioner, with due diligence, could not have known 

or discovered such new matter prior to the date the case was submitted 

for decision. Unless otherwise directed by the DOT decisionmaker upon a 

showing of unusual or exceptional circumstances, petitions for 

reconsideration, rehearing or reargument or answers thereto that exceed 

twenty-five (25) pages (including appendices) in length shall not be 

accepted for filing by Department of Transportation Dockets.

    (c) Successive petitions. A successive petition for rehearing, 

reargument, reconsideration filed by the same party or person, and upon 

substantially the same ground as a former petition that has been 

considered or denied will not be entertained.



[[Page 284]]



                         Non-Hearing Proceedings