[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: 14CFR302.210]



[Page 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. 302.210  Disposition of applications; orders establishing further 

procedures.



    (a) General requirements. The DOT decisionmaker will take one of the 

following actions with respect to all or any portion of each 

application:

    (1) Issue an Order to Show Cause why the application should not be 

granted, denied or dismissed, in whole or in part.

    (2) Issue a Final Order granting the application if the DOT 

decisionmaker determines that there are no material issues of fact that 

warrant further procedures for their resolution.

    (3) Issue a Final Order dismissing or rejecting the application for 

lack of prosecution or if the application does not comply with this 

subpart or is otherwise materially deficient.

    (4) Issue an order setting the application for oral evidentiary 

hearing. The order will establish the scope of the issues to be 

considered and the procedures to be employed, and will indicate whether 

one or more attorneys from the Office of the Assistant General Counsel 

for Aviation Enforcement and Proceedings will participate as a party. 

All of the procedures set forth in Sec. 302.214 through Sec. 302.218 

will apply unless the DOT decisionmaker decides otherwise.

    (5) Begin to make a determination with respect to the application 

under simplified procedures without oral evidentiary hearing. In this 

event, the DOT decisionmaker may indicate which, if any, of the 

procedural steps set forth in Sec. 302.215 through Sec. 302.219 will 

be employed. The DOT decisionmaker may also indicate that other non-oral 

evidentiary hearing procedures will be employed.

    (b) Additional evidence. An order establishing further procedures 

under paragraph (a)(1), (4) or (5) of this section may provide for the 

filing of additional evidence.

    (c) Petitions for reconsideration. Petitions for reconsideration of 

an order issued under this section will not be entertained except to the 

extent that the order dismissed or rejected all or part of an 

application. If a petition for reconsideration results in the 

reinstatement of all or part of an application, the deadline for final 

Department decision established in Sec. 302.220 will be calculated from 

the date of the order reinstating the application.