(b)
Motion to quash or modify the subpoena.Aparty, or anyperson upon whom a sub-poena has been served, may .le a motion to quash or modify the subpoena with the administrativelawjudge at orbeforethetime speci.edinthe subpoenafor compliance. The applicant shall describe, in detail, the basis for the application to quash or modify the supoena including, but not limited to, a statement that the testimony, document, or tangible evidence is not relevant to the proceeding, that the subpoena is not reasonably tailored to the scope of the proceeding, or that the subpoena is unreasonable and oppressive. A motion to quash or modify the sub-poenawill stay thee.ect of the subpoenapending adecisionby theadministrative lawjudge onthe motion.
(c)
Enforcement of subpoena. Upon a showing that a person has failed or refused to comply with a subpoena, a party may apply to the local Federal district court to seekjudicial enforcement of the subpoenain accordance with section1004 of the Federal Aviation Act of 1958, as amended.
FAR 13.229 : Witness fees.
(a)
General.Unless otherwise authorizedby the administrativelawjudge, theparty who applies for a subpoena to compel the attendance of a witness at a deposition or hearing, or theparty at whose request a witness appears at adeposition orhearing, shall pay the witness fees described in this section.
(b)
Amount. Except for an employee of the agency who appears at the direction of the agency, a witness who appears at a deposition or hearing is entitled to the same fees and mileage expenses as are paid to a witness in a court of the United States in comparable circumstances.
FAR 13.230 : Record.
(a)
Exclusive record. The transcript of all testimony in the hearing, all exhibits received into evidence, and all motions, applications, requests, and rulings shall constitute the exclusive record for decision of the proceedings and the basis for the issuance of any orders in the proceeding. Any proceedings regarding the disquali.cation of an administrativelawjudge shallbeincludedinthe record.
(b)
Examination and copying of record. Any person may examine the record at the HearingDocket,FederalAviationAdministration,800IndependenceAvenue,SW., Room 924A, Washington, DC 20591. Any person may have a copy of the record after payment of reasonable costs to copy the record.
FAR13.231 :Argumentbefore the administrativelawjudge.
(a)
Arguments during the hearing. During the hearing, the administrative law judge shallgivetheparties a reasonableopportunity topresent arguments onthe record supporting or opposing motions, objections, and rulings if the parties request an opportunityforargument.Theadministrativelawjudge may requestwrittenar-gumentsduring thehearingiftheadministrativelawjudge .ndsthatsubmission of written arguments would be reasonable.
(b)
Final oral argument. At the conclusion of the hearing and before the administrative lawjudgeissues aninitialdecisionin theproceedings, theparties are entitled to submit oral proposed .ndings of fact and conclusions of law, exceptions to rulings of theadministrativelawjudge,and supporting argumentsforthe .ndings,conclu-sions,orexceptions.Attheconclusionof thehearing,aparty may waive .nal oral argument.
(c)
Posthearing briefs.The administrativelawjudge may request writtenposthearing briefsbefore the administrativelawjudgeissues aninitialdecisionin theprocee-dingsiftheadministrativelawjudge .ndsthatsubmissionofwrittenarguments wouldbereasonable.If aparty .lesawrittenposthearing brief,theparty shallin-clude proposed .ndings of fact and conclusions of law, exceptions to rulings of the administrativelawjudge,and supporting argumentsforthe .ndings,conclusions, or exceptions.The administrativelawjudge shallgivetheparties a reasonable op-portunity, not more than 30 days after receipt of the transcript, to prepare and submit the briefs.
FAR 13.232 : Initial decision.
(a)
Contents.The administrativelawjudge shallissue aninitialdecision atthe conclu-sion of thehearing.In each oral or writtendecision,the administrativelawjudge shall include .ndings of fact and conclusions of law, and the grounds supporting those .ndings and conclusions, upon all material issues of fact, the credibility of witnesses, the applicable law, any exercise of the administrative law judge’s dis-cretion, the amount of any civil penalty found appropriate by the administrative lawjudge, and adiscussion ofthebasisfor any orderissuedintheproceedings. The administrativelawjudgeis not requiredtoprovide a written explanationfor rulings on objections, procedural motions, and other matters not directly relevant to the substance of the initial decision. If the administrative law judge refers to any previous unreported or unpublished initial decision, the administrative law judge shallmake copiesof thatinitialdecision availableto allparties and theFAA decisionmaker.
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