(c)
Earlier hearing.With the consent of the administrativelawjudge, theparties may agree to hold the hearing on an earlier date than the date speci.ed in the notice of hearing.
FAR 13.222 : Evidence.
(a)
General.Apartyis entitled topresenttheparty’scaseordefenseby oral,documen-tary, or demonstrative evidence, to submit rebuttal evidence, and to conduct any cross-examination that may be required for a full and true disclosure of the facts.
(b)
Admissibility. A party may introduce any oral, documentary, or demonstrative evi-dencein support of theparty’s case ordefense.The administrativelawjudge shall admit any oral,documentary, ordemonstrative evidenceintroducedby apartybut shall exclude irrelevant, immaterial, or unduly repetitious evidence.
(c)
Hearsay evidence. Hearsay evidence is admissible in proceedings governed by this subpart. The fact that evidence submitted by a party is hearsay goes only to the weight of the evidence and does not a.ect its admissibility.
FAR 13.223 : Standard of proof.
The administrativelawjudge shallissue aninitialdecision or shall rulein aparty’s favor only if the decision or ruling is supported by, and in accordance with, the reliable, probative, andsubstantial evidence containedin the record.In order toprevail, theparty with the burden of proof shall prove the party’s case or defense by a preponderance of reliable, probative, and substantial evidence.
FAR 13.224 : Burden of proof.
(a)
Exceptinthe case of an a.rmativedefense,theburden ofproofis onthe agency.
(b)
Except as otherwiseprovidedby statute or rule, theproponent of a motion, request, or order has the burden of proof.
(c)
A party who has asserted an a.rmative defense has the burden of proving the a.rmative defense.
FAR 13.225 : O.er of proof.
Apartywhose evidencehasbeen excludedby a ruling of the administrativelawjudge may o.er the evidence for the record on appeal.
FAR 13.226 : Public disclosure of evidence.
(a)
The administrativelawjudge may order that anyinformation containedin the re-cord be withheld from public disclosure. Any person may object to disclosure of information in the record by .ling a written motion to withhold speci.c informa-tion with the administrativelawjudge and serving a copy of the motion on each party. The party shall state the speci.c grounds for nondisclosure in the motion.
(b)
The administrativelawjudge shallgrantthe motionto withholdinformationinthe record if, based on the motion and any response to the motion, the administrative lawjudgedeterminesthatdisclosure wouldbedetrimentalto aviation safety,dis-closure would not be in thepublic interest, or that the informationis not otherwise required to be made available to the public.
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Elodie Roux. Septembre 2003
Subpart G : Rules of Practice in FAA Civil Penalty Actions
FAR 13.227 : Expert or opinion witnesses.
An employee of the agency may not be called as an expert or opinion witness, for any partyotherthantheFAA,inanyproceedinggovernedby this subpart.Anemployeeof a respondent may not be called by an agency attorney as an expert or opinion witness for theFAAin anyproceedinggovernedby this subpartto which the respondentis aparty.
FAR 13.228 : Subpoenas.
(a)
Request for subpoena. A party may obtain a subpoena to compel the attendance of a witness at a deposition or hearing or to require the production of documents or tangible items from the hearing docket clerk. The hearing docket clerk shall deliver the subpoena, signed by the hearing docket clerk or an administrative law judgebut otherwiseinblank,totheparty.Thepartyshall completethe subpoena, stating the title of the action and the date and time for the witness’ attendance or production of documents or items. The party who obtained the subpoena shall serve the subpoena on the witness.
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