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Elodie Roux. Septembre 2003
Subpart G : Rules of Practice in FAA Civil Penalty Actions
(b)
Time. A party shall .le an amendment to a complaint or an answer within the following :
(1)
Not later than 15 days before the scheduled date of a hearing, a party may amend a complaint or an answer without the consent of the administrative lawjudge.
(2)
Less than 15 days before the scheduled date of a hearing, the administrative lawjudge may allow amendment of a complaint or an answer onlyforgood cause shown in a motion to amend.
(c)
Responses. The administrativelawjudge shall allow a reasonable time, but not more than 20 days from the date of .ling, for other parties to respond if an amendment to a complaint, answer, or other pleading has been .led with the administrative lawjudge.
FAR 13.215 : Withdrawal of complaint or request for hearing.
Atanytimebefore orduring ahearing, an agency attorney may withdraw a complaint or aparty may withdraw a requestfor ahearing without the consent of the administrative law judge. If an agency attorney withdraws the complaint or a party withdraws the request for a hearing and the answer, the administrative law judge shall dismiss the proceedings under this subpart with prejudice.
FAR 13.216 : Waivers.
Waivers of any rights provided by statute or regulation shall be in writing or by stipulation madeat ahearing and enteredintothe record.Thepartiesshall setforth the precise terms of the waiver and any conditions.
FAR 13.217 : Joint procedural or discovery schedule.
(a)
General.Thepartiesmay agreetosubmit aschedulefor .ling allprehearing motions, a schedulefor conductingdiscoveryintheproceedings, or a schedulethat willgovern all prehearing motions and discovery in the proceedings.
(b)
Form and content of schedule.If theparties agreeto ajointprocedural ordiscovery schedule,oneof thepartiesshall .lethejointschedulewith theadministrativelaw judge, setting forth the dates to which the parties have agreed, and shall serve a copy ofthejoint schedule on eachparty.
(1)
Thejoint schedule mayinclude,but need notbelimited to, requestsfordis-covery, any objections to discovery requests, responses to discovery requests to which therearenoobjections,submissionofprehearing motions,responses to prehearing motions, exchange of exhibits to be introduced at the hearing, and a list of witnesses that may be called at the hearing.
(2)
Eachparty shall signtheoriginaljointscheduletobe .led withtheadminis-trative lawjudge.
(c)
Time. The parties may agree to submit all prehearing motions and responses and may agreeto closediscovery in theproceedings under thejoint schedule within a reasonable time before the date of the hearing, but not later than 15 days before the hearing.
(d)
Order establishing joint schedule. The administrative law judge shall approve the jointschedule .ledby theparties.Oneparty shall submit adraft orderestablishing ajoint scheduletothe administrativelawjudgetobe signedby the administrative lawjudgeand .led withthehearing docketclerk.
(e)
Disputes.The administrativelawjudge shall resolvedisputes regardingdiscovery or disputes regarding compliance with thejoint schedule as soon aspossible so that theparties may continueto comply withthejoint schedule.
(f)
Sanctionsforfailuretocomply withjoint schedule.If apartyfails to comply with the administrativelawjudge’s orderestablishing ajoint schedule,the administrative lawjudge may directthatparty to comply with a motiontodiscovery request or, limited to the extent of the party’s failure to comply with a motion or discovery request,the administrativelawjudge may :
(1)
Strikethatportion of aparty’spleadings;
(2)
Preclude prehearing or discovery motions by that party;
(3)
Preclude admission of that portion of a party’s evidence at the hearing, or
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本文鏈接地址：FAA規章 美國聯邦航空規章 Federal Aviation Regulations 1(56)
