[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: 14CFR302.22]



[Page 286-287]

 

                     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. 302.22  Prehearing conference.



    (a) Purpose and scope of conference. At the discretion of the 

administrative law judge, a prehearing conference may be called prior to 

any hearing. Written notice of the prehearing conference shall be sent 

by the administrative law judge to all parties to a proceeding and to 

other persons who appear to have an interest in such proceeding. The 

purpose of such a conference is to define the issues and the scope of 

the proceeding, to secure statements of the positions of the parties and 

amendments to the pleadings, to schedule the exchange of exhibits before 

the date set for hearing, and to arrive at such agreements as will aid 

in the conduct and disposition of the proceeding. For example, 

consideration will be given to:

    (1) Matters that the DOT decisionmaker can consider without the 

necessity of proof;

    (2) Admissions of fact and of the genuineness of documents;

    (3) Requests for documents;

    (4) Admissibility of evidence;

    (5) Limitation of the number of witnesses;

    (6) Reducing of oral testimony to exhibit form;

    (7) Procedure at the hearing; and

    (8) Use of electronic media as a basis for exchange of briefs, 

hearing transcripts and exhibits, etc., in addition to the official 

record copy.



[[Page 287]]



    (b) Actions during prehearing conference. The administrative law 

judge may require a further conference, or responsive pleadings, or 

both. If a party refuses to produce documents requested by another party 

at the conference, the administrative law judge may compel the 

production of such documents prior to a hearing by subpoena issued in 

accordance with the provisions of Sec. 302.25 as though at a hearing. 

Applications for the production prior to hearing of documents in the 

Department's possession shall be addressed to the administrative law 

judge, in accordance with the provisions of Sec. 302.25(g), in the same 

manner as provided therein for production of documents at a hearing. The 

administrative law judge may also, on his or her own initiative or on 

motion of any party, direct any party to the proceeding (air carrier or 

non-air carrier) to prepare and submit exhibits setting forth studies, 

forecasts, or estimates on matters relevant to the issues in the 

proceeding.

    (c) Report of prehearing conference. The administrative law judge 

shall issue a report of prehearing conference, defining the issues, 

giving an account of the results of the conference, specifying a 

schedule for the exchange of exhibits and rebuttal exhibits, the date of 

hearing, and specifying a time for the filing of objections to such 

report. The report shall be served upon all parties to the proceeding 

and any person who appeared at the conference. Objections to the report 

may be filed by any interested person within the time specified therein. 

The administrative law judge may revise his or her report in the light 

of the objections presented. The revised report, if any, shall be served 

upon the same persons as was the original report. Exceptions may be 

taken on the basis of any timely written objection that has not been met 

by a revision of the report if the exceptions are filed within the time 

specified in the revised report. Such report shall constitute the 

official account of the conference and shall control the subsequent 

course of the proceeding, but it may be reconsidered and modified at any 

time to protect the public interest or to prevent injustice.