(b)
Service may be made by personal delivery or by mail.
(c)
A certi.cate of service shall accompany all documents when they are tendered for .ling and shall consist of a certi.cate ofpersonaldelivery or a certi.cate of mailing, executed by the person making the personal delivery or mailing the document.
(d)
Wheneverproof of serviceby mailis made,thedate of mailing orthedateasshown on the postmark shall be the date of service, and where personal service is made, the date of personal delivery shall be the date of service.
(e)
The date of .ling is the date the document is actually received.
FAR 13.44 : Computation of time and extension of time.
(a)
In computing any period of time prescribed or allowed by this subpart, the date of the act, event, default, notice or order after which the designated period of time begins to run is not to be included in the computation. The last day of the period so computed is to be included unless it is a Saturday, Sunday, or legal holiday for the FAA, in which event the period runs until the end of the next day which is neither a Saturday, Sunday nor a legal holiday.
(b)
Uponwrittenrequest .led with theHearingDocket and served uponallparties,and forgood causeshown,aHearing O.cermaygrantanextensionof timeto .leany documents speci.ed in this subpart.
FAR 13.45 : Amendment of notice and answer.
At any time more than 10 days before the date of hearing, any party may amend his or her notice, answer, or other pleading, by .ling the amendment with the Hearing O.cer and serving a copy of it on each other party. After that time, amendments may be allowed only in the discretion of the Hearing O.cer. If an amendment to an initial pleading hasbeen allowed,theHearing O.cer shall allowthe otherparties a reasonable opportunity to answer.
FAR 13.47 : Withdrawal of notice or request for hearing.
Atanytimebefore thehearing,theFAA counsel may withdraw the notice ofproposed action, and the party requesting the hearing may withdraw the request for hearing.
FAR 13.49 : Motions.
(a)
Motion to dismiss for insu.ciency. A respondent who requests a formal hearing may, in place of an answer, .le a motion to dismiss for failure of the allegations in the notice of proposed action to state a violation of the FA Act or of this chapter orto showlack ofquali.cation of the respondent.If theHearing O.cerdeniesthe motion, the respondent shall .le an answer within 10 days.
(b)
[Reserved]
(c)
Motion for morede.nite statement.The certi.cateholder may,inplace of an answer, .le a motion that the allegationsin the noticebe made morede.nite and certain.If
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Elodie Roux. Septembre 2003
Subpart D : Rules of Practice for FAA Hearings
theHearingO.cergrants the motion, theFAA counsel shall comply within10days after the date it is granted. If the Hearing O.cer denies the motion the certi.cate holder shall .le an answer within 10 days after the date it is denied.
(d)
Motion for judgment on the pleadings. After the pleadings are closed, either party may movefor ajudgment onthepleadings.
(e)
Motion to strike. Upon motion of either party, the Hearing O.cer may order stri-cken,from anypleadings, any insu.cient allegation ordefense, or any immaterial, impertinent, or scandalous matter.
(f)
Motion for production of documents.Upon motionof anyparty showinggood cause, theHearingO.cermay,inthe mannerprovidedbyRule34,FederalRulesofCivil Procedure, order any party to produce any designated document, paper, book, account, letter, photograph, object, or other tangible thing, that is not privileged, that constitutes or contains evidence relevant to the subject matter of thehearings, and that is in the party’s possession, custody, or control.
(g)
Consolidation of motions.Aparty who makesa motion underthis section shalljoin with it all other motions that are then available to the party. Any objection that is not so raised is considered to be waived.
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