[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: 14CFR303.45]



[Page 333]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

   CHAPTER II--OFFICE OF THE SECRETARY, DEPARTMENT OF TRANSPORTATION 

                         (AVIATION PROCEEDINGS)

 

PART 303_REVIEW OF AIR CARRIER AGREEMENTS--Table of Contents

 

             Subpart E_Procedures Upon Application or Review

 

Sec. 303.45  Evidentiary hearings.



    (a) If the Assistant Secretary determines that an application, or 

review of a previous granted application, should be the subject of a 

full evidentiary hearing, he or she shall issue an order so stating. The 

term ``full evidentiary hearing'' includes any hybrid format set out in 

the instituting order. This order shall set forth the issues that are to 

be considered in such hearing.

    (b) After the issuance of an order for a full evidentiary hearing, 

the Chief Administrative Law Judge shall promptly appoint an 

Administrative Law Judge to conduct such hearing in accordance with 

section 7 of the Administrative Procedure Act, 5 U.S.C. 556, and the 

Rules of Practice in part 302 of this chapter.

    (c) The applicants and the Assistant General Counsel for Aviation 

Enforcement and Proceedings shall be parties in any full evidentiary 

hearing held under these regulations. The Assistant Attorney General, 

Antitrust, shall be a party upon notice filed with the Administrative 

Law Judge. Other persons may intervene as parties as provided by Sec. 

302.20 of this chapter.

    (d) Within the time specified in the order instituting the full 

evidentiary hearing, the Administrative Law Judge shall recommend to the 

Assistant Secretary that the application be approved or denied or that 

the previously granted exemption approval or immunity should be 

terminated or continued in accordance with the standards of the Act. The 

recommendation shall be in writing, shall be based solely on the hearing 

record, and shall include a statement of the Administrative Law Judge's 

findings and conclusions, and the reasons or basis therefore, or all 

material issues of fact, law or discretion presented on the record. 

Copies of the recommendation shall be served on each party.

    (e) Within 10 days after the date the Administrative Law Judge 

serves his or her recommendation, any party may file written exceptions 

to the recommendation for consideration by the Assistant Secretary. 

Within 21 days after the service date of the judge's recommendation, any 

party may file a brief in support of or in opposition to any exceptions. 

This period may be altered by order of the Assistant Secretary, who may 

also authorize the filing of reply briefs.



[50 FR 31142, July 31, 1985, as amended at 65 FR 6456, Feb. 9, 2000]