[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: 14CFR302.34]



[Page 296]

 

                     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. 302.34  Exceptions to tentative decisions of the DOT decisionmaker.



    (a) Time for filing. Within ten (10) days after service of any 

tentative decision of the DOT decisionmaker, any party to a proceeding 

may file exceptions to such decision with the DOT decisionmaker.

    (b) Form and contents of exceptions. Each exception shall be 

separately numbered and shall be stated as a separate point, and 

appellants shall not restate the same point in several exceptions. Each 

exception shall state, sufficiently identify, and be limited to, an 

ultimate conclusion in the decision to which exception is taken (such 

as, selection of one carrier rather than another to serve any point or 

points; points included in or excluded from a new route; imposition or 

failure to impose a given restriction; determination of a rate at a 

given amount rather than another). No specific exception shall be taken 

with respect to underlying findings or statements, but exceptions to an 

ultimate conclusion shall be deemed to include exceptions to all 

underlying findings and statements pertaining thereto; Provided, 

however, That exceptions shall specify any matters of law, fact, or 

policy that were not argued before the administrative law judge but will 

be set forth for the first time on brief to the DOT decisionmaker.

    (c) Effect of failure to file timely and adequate exceptions. No 

objection may be made on brief or at a later time to an ultimate 

conclusion that is not expressly made the subject of an exception in 

compliance with the provisions of this section; Provided, however, That 

any party may file a brief in support of the decision and in opposition 

to the exceptions filed by any other party.