(2)
If the agency fails to show good cause for any delay, an administrative law judge may dismiss the complaint, or that part of the complaint, alleging a violation that occurred more than 2 years before an agency attorney issued the notice of proposed civil penalty to the respondent.
(3)
Apartymay appeal the administrativelawjudge’s ruling on the motion todis-miss the complaint or anypart of the complaintin accordance with r13.219(b) of this subpart.
FAR 13.209 : Answer.
(a)
Writing required. A respondent shall .le a written answer to the complaint, or may .le a written motion pursuant to r13.208(d) or r13.218(f)(1-4) of this subpart instead of .ling an answer, not later than 30 days after service of the complaint. The answer may be in the form of a letter but must be dated and signed by the person responding to the complaint. An answer may be typewritten or may be legibly handwritten.
(b)
Filing and address. A person .ling an answer shall personally deliver or mail the original and onecopy oftheanswerfor .ling withthehearingdocket clerk,notlater than30days after service of the complaint, to theHearingDocket,FederalAviation Administration, 800 Independence Avenue, SW., Room 924A, Washington, DC 20591,Attention:HearingDocketClerk.Theperson .lingananswershould suggest a location for the hearing when .ling the answer.
(c)
Service. A person .ling an answer shall serve a copy of the answer on the agency attorney who .led the complaint.
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Elodie Roux. Septembre 2003
Subpart G : Rules of Practice in FAA Civil Penalty Actions
(d)
Contents. An answer shall speci.cally state any a.rmative defense that the re-spondent intends to assert at the hearing. A person .ling an answer may include a brief statement of any relief requested in the answer.
(e)
Speci.c denial of allegations required. A person .ling an answer shall admit, deny, or state that the person is without su.cient knowledge or information to admit or deny, each numbered paragraph of the complaint. Any statement or allegation containedin the complaint thatis not speci.callydeniedin the answer maybedee-med an admissionof thetruth of thatallegation.Ageneraldenial of the complaint is deemed a failure to .le an answer.
(f)
Failure to .le answer. A person’s failure to .le an answer without good cause shall be deemed an admission of the truth of each allegation contained in the complaint.
FAR 13.210 : Filing of documents.
(a)
Address and method of .ling. A person tendering a document for .ling shall per-sonally deliver or mail the signed original and one copy of each document to the HearingDocket,FederalAviationAdministration,800IndependenceAvenue,SW., Room 924A, Washington, DC 20591, Attention : Hearing Docket Clerk. A person shall serve a copy of each document on each party in accordance with r13.211 of this subpart.
(b)
Date of .ling. A document shall be considered to be .led on the date of personal delivery; or if mailed, the mailing date shown on the certi.cate of service, the date shown on the postmark if there is no certi.cate of service, or other mailing date shownby other evidenceifthereis no certi.cate of service orpostmark.
(c)
Form. Each document shall be typewritten or legibly handwritten.
(d)
Contents. Unless otherwise speci.ed in this subpart, each document must contain a short, plain statement of the facts on which the person’s case rests and a brief statement of the action requested in the document.
FAR 13.211 : Service of documents.
(a)
General.Apersonshall serveacopy of anydocument .led with theHearingDocket on each party at the time of .ling. Service on a party’s attorney of record or a party’sdesignated representativemaybe considered adequateserviceontheparty.
(b)
Type of service. A person may serve documents by personal delivery or by mail.
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