[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: 14CFR302.207]



[Page 299]

 

                     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 B_Rules Applicable to U.S. Air Carrier Certificate and Foreign 

                Air Carrier Permit Licensing Proceedings

 

Sec. 302.207  Cases to be decided on written submissions.



    (a) Applications under this subpart will be decided on the basis of 

written submissions unless the DOT decisionmaker, on petition as 

provided in Sec. 302.208 or on his or her own initiative, determines 

that an oral presentation or an administrative law judge's decision is 

required because:

    (1) Use of written procedures will prejudice a party;

    (2) Material issues of decisional fact cannot adequately be resolved 

without oral evidentiary hearing procedures; or

    (3) Assignment of an application for oral evidentiary hearing 

procedures or an initial or recommended decision by an administrative 

law judge is otherwise required by the public interest.

    (b) The standards employed in deciding cases under Sec. 

302.210(a)(1) or (5) shall be the same as the standards applied in cases 

decided under Sec. 302.210(a)(4). These are the standards set forth in 

the Statute as interpreted and expanded upon under that Statute.