[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: 14CFR302.35]



[Page 296-297]

 

                     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. 302.35  Briefs to the DOT decisionmaker.



    (a) Time for filing. Within such period after the date of service of 

any tentative decision by the DOT decisionmaker as may be fixed therein, 

any party may file a brief addressed to the DOT decisionmaker in support 

of his or her exceptions to such decision or in opposition to the 

exceptions filed by any other party. Briefs to the DOT decisionmaker on 

initial or recommended decisions of administrative law judges shall be 

filed only in those cases where the DOT decisionmaker grants 

discretionary review and orders further proceedings, pursuant to Sec. 

302.32(d)(2), and only upon those issues specified in the order. Such 

briefs shall be filed within thirty (30) days after date of service of 

the order granting discretionary review unless otherwise specified in 

the order. In cases where, because of the limited number of parties and 

the nature of the issues, the filing of opening, answering, and reply 

briefs will not unduly delay the proceeding and will assist in its 

proper disposition, the DOT decisionmaker may direct that the parties 

file briefs at different times rather than at the same time.

    (b) Effect of failure to restate objections in briefs. In 

determining the merits of an appeal, the DOT decisionmaker will not 

consider the exceptions or the petition for discretionary review but 

will consider only the brief. Each objection contained in the exceptions 

or each issue specified in the DOT decisionmaker's order exercising 

discretionary review must be restated and supported by a statement and 

adequate discussion of all matters relied upon, in a brief filed 

pursuant to and in compliance with the requirements of this section.

    (c) Formal specifications of briefs--(1) Contents. Each brief shall 

discuss every point of law, fact, or precedent that the party submitting 

it is entitled to raise and that it wishes the DOT decisionmaker to 

consider. Each brief shall include a summary of the argument not to 

exceed five (5) pages. Support and justification for every point raised 

shall include itemized references to the pages of the transcript of 

hearing, exhibit or other matter of record, and citations of the 

statutes, regulations, or principal authorities relied upon. If a brief 

or any point discussed in the brief is not in substantial conformity 

with the requirement for such support and justification, no motion to 

strike or dismiss such document shall be made but the DOT decisionmaker 

may disregard the points involved. Copies of



[[Page 297]]



briefs may be furnished by use of electronic media in a format 

acceptable to the Department and the parties.

    (2) Incorporation by reference. Briefs to the DOT decisionmaker 

shall be completely self-contained and shall not incorporate by 

reference any portion of any other brief or pleading; Provided, however, 

That instead of submitting a brief to the DOT decisionmaker a party may 

adopt by reference specifically identified pages or the whole of his or 

her prior brief to the administrative law judge if the latter complies 

with all requirements of this section. In such cases, the party shall 

file with Department of Transportation Dockets a letter exercising this 

privilege and serve all parties in the same manner as a brief to the DOT 

decisionmaker.

    (3) Length. Except by permission or direction of the DOT 

decisionmaker, briefs shall not exceed fifty (50) pages including pages 

contained in any appendix, table, chart, or other document physically 

attached to the brief, but excluding maps and the summary of the 

argument. In this case ``map'' means only those pictorial 

representations of routes, flight paths, mileage, and similar ancillary 

data that are superimposed on geographic drawings and contain only such 

text as is needed to explain the pictorial representation.