[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: 14CFR302.208]



[Page 299-300]

 

                     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. 302.208  Petitions for oral presentation or judge's decision.



    (a) Any person may file a petition for oral evidentiary hearing, 

oral argument, an initial or recommended decision, or any combination of 

these. Petitions shall demonstrate that one or more of the criteria set 

forth in Sec. 302.207 are applicable to the issues for which an oral 

presentation or judge's decision is requested. Such petitions shall be 

supported by a detailed explanation of the following:

    (1) Why the evidence or argument to be presented cannot be submitted 

in the form of written evidence or briefs;

    (2) Which issues should be examined by an administrative law judge 

and why such issues should not be presented directly to the DOT 

decisionmaker for decision;

    (3) An estimate of the time required for the oral presentation and 

the number of witnesses whom the petitioner would present; and

    (4) If cross-examination of any witness is desired, the name of the 

witness, if known, the subject matter of the desired cross-examination 

or the title or number of the exhibit to be cross-examined, what the 

petitioner expects to establish by the cross-examination, and an 

estimate of the time needed for it.

    (b) Petitions for an oral hearing, oral argument, or an 

administrative law judge's decision shall be filed no later than the due 

date for answers in proceedings governed by Sec. 302.211, Sec. 302.212



[[Page 300]]



and Sec. 302.213, and be accompanied with the information specified in 

paragraphs (a)(1) and (a)(2) of this section. Filing of the information 

required in paragraphs (a)(3) and (a)(4) of this section may be deferred 

until the DOT decisionmaker has decided to hold a formal proceeding.

    (c) Where a stipulation of disputed facts would eliminate the need 

for an oral presentation or an administrative law judge's decision, 

parties shall include in their petitions an offer to withdraw the 

request should the stipulation be made.