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14 C.F.R. §§ 302.214–302.218

5 sections in range

§302.214. Oral evidentiary hearing.

14 C.F.R. § 302.214

If the DOT decisionmaker determines under § 302.210(a)(4) that an oral evidentiary hearing should be held, the application or applications will be set for oral hearing before an administrative law judge. The issues will be those set forth in the order establishing further procedures. The procedures in §§ 302.17 to 302.38 governing the conduct of oral evidentiary hearings will apply.
Notes, amendments, and revision history

Authority

Authority: 39 U.S.C. 5402; 42 U.S.C. 4321, 49 U.S.C. Subtitle I and Chapters 401, 411, 413, 415, 417, 419, 461, 463, and 471.

Source

Source: Docket No. OST-97-2090, 65 FR 6457, Feb. 9, 2000, unless otherwise noted.

§302.215. Briefs to the administrative law judge.

14 C.F.R. § 302.215

Briefs to the administrative law judge shall be filed within the following periods, as applicable:
(a)
Fourteen (14) days after the close of the oral evidentiary hearing, unless the administrative law judge determines that, under the circumstances of the case, briefs are not necessary or that the parties will require more time to prepare briefs; or
(b)
Fourteen (14) days after the filing of additional evidence called for in the order establishing further procedures if no oral evidentiary hearing is called for, unless the DOT decisionmaker determines that some other period should be allowed.
Notes, amendments, and revision history

Authority

Authority: 39 U.S.C. 5402; 42 U.S.C. 4321, 49 U.S.C. Subtitle I and Chapters 401, 411, 413, 415, 417, 419, 461, 463, and 471.

Source

Source: Docket No. OST-97-2090, 65 FR 6457, Feb. 9, 2000, unless otherwise noted.

§302.216. Administrative law judge's initial or recommended decision.

14 C.F.R. § 302.216

(a)
In a case that has been set for oral evidentiary hearing under § 302.210(a)(4), the administrative law judge shall adopt and serve an initial or recommended decision within one hundred thirty-six (136) days after the issuance of the order establishing further procedures unless:
(1)
The DOT decisionmaker, having found extraordinary circumstances, has by order delayed the initial or recommended decision by a period of not more than thirty (30) days; or
(2)
An applicant has failed to meet the procedural schedule adopted by the judge or the DOT decisionmaker. In this case, the administrative law judge may, by notice, extend the due date for the issuance of an initial or recommended decision for a period not to exceed the period of delay caused by the applicant.
(b)
In a case in which some of the issues have not been set for oral hearing under § 302.210(a)(4), the administrative law judge shall adopt and serve an initial or recommended decision within the time established by the DOT decisionmaker in the order establishing further procedures, except that that due date may be extended in accordance with paragraph (a)(2) of this section.
(c)
The initial or recommended decision shall be issued by the administrative law judge fourteen (14) days after it is served. Unless exceptions are filed under § 302.217 or the DOT decisionmaker issues an order to review on his or her own initiative, an initial decision shall become effective as the final order of the Department the day it is issued. Where exceptions are timely filed or the DOT decisionmaker takes action to review on his or her own initiative, the effectiveness of the initial decision is stayed until further order of the DOT decisionmaker.
(d)
In all other respects, the provisions of § 302.31 shall apply.
Notes, amendments, and revision history

Authority

Authority: 39 U.S.C. 5402; 42 U.S.C. 4321, 49 U.S.C. Subtitle I and Chapters 401, 411, 413, 415, 417, 419, 461, 463, and 471.

Source

Source: Docket No. OST-97-2090, 65 FR 6457, Feb. 9, 2000, unless otherwise noted.

§302.217. Exceptions to administrative law judge's initial or recommended decision.

14 C.F.R. § 302.217

(a)
Within seven (7) days after service of any initial or recommended decision of an administrative law judge, any party may file exceptions to the decision with the DOT decisionmaker.
(b)
If timely and adequate exceptions are filed, review of the initial or recommended decision is automatic.
(c)
In all other respects, the provisions of § 302.34 shall apply.
Notes, amendments, and revision history

Authority

Authority: 39 U.S.C. 5402; 42 U.S.C. 4321, 49 U.S.C. Subtitle I and Chapters 401, 411, 413, 415, 417, 419, 461, 463, and 471.

Source

Source: Docket No. OST-97-2090, 65 FR 6457, Feb. 9, 2000, unless otherwise noted.

§302.218. Briefs to the DOT decisionmaker.

14 C.F.R. § 302.218

(a)
In a case in which an initial or recommended decision has been served and exceptions have been filed, any party may file a brief in support of or in opposition to any exceptions. Such briefs shall be filed within fourteen (14) days after service of the initial or recommended decision.
(b)
In a case in which no exceptions have been filed, briefs shall not be filed unless the DOT decisionmaker has taken review of the initial or recommended decision on his or her own initiative and has specifically provided for the filing of such briefs.
(c)
In all other respect, the provisions of § 302.35 shall apply.
Notes, amendments, and revision history

Authority

Authority: 39 U.S.C. 5402; 42 U.S.C. 4321, 49 U.S.C. Subtitle I and Chapters 401, 411, 413, 415, 417, 419, 461, 463, and 471.

Source

Source: Docket No. OST-97-2090, 65 FR 6457, Feb. 9, 2000, unless otherwise noted.