FAA 14 CFR PART 302-2011 RULES OF PRACTICE IN PROCEEDINGS《诉讼实践规范》.pdf

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1、266 14 CFR Ch. II (1111 Edition) Pt. 302 such partys first taking such action as DOT may deem necessary or appro-priate to remedy the violation of this part or Chapter 11 of Title 18 of the United States Code to prevent or deter any repetition of such violation. DOT may in addition issue a cease and

2、 de-sist order against any repetition of such or similar misconduct. (c) The actions authorized by this section may take place within the framework of the matter during or con-cerning which the violations occur or in a separate matter, as the DOT deci-sionmaker or the presiding administra-tive law j

3、udge may direct. A complaint alleging that a violation has occurred in the course of a matter shall be filed in the docket or appropriate public file of such matter unless such complaint is made after DOTs decision of the matter has become final, in which event such complaint may be filed pur-suant

4、to part 302, subpart D of the rules of practice. A violation in the course of a matter which may be attributable to or affect the fitness of a party will or-dinarily either be disposed of within the framework of such matter or be considered within the context of any subsequent matter involving the i

5、nter-ests of such party. Other violations will ordinarily be disposed of in a sepa-rate proceeding. (d) In the case of any violation of the provisions of this part, the violator may be subject to civil penalties under the provisions of 49 U.S.C. 46301. The violator may also be subject to a pro-ceedi

6、ng brought under 49 U.S.C. 46101 before the Department, or sections 46106 through 46108 of the Statute be-fore a U.S. District Court, as the case may be, to compel compliance with civil penalties which have been im-posed. Docket No. 82, 50 FR 2380, Jan. 16, 1985, as amended at 60 FR 43528, Aug. 22,

7、1995; 65 FR 6456, Feb. 9, 2000 PART 302RULES OF PRACTICE IN PROCEEDINGS Sec. 302.1 Applicability and description of part. 302.2 Definitions. Subpart ARules of General Applicability 302.3 Filing of documents. 302.4 General requirements as to docu-ments. 302.5 Amendment of documents. 302.6 Responsive

8、documents. 302.7 Service of documents. 302.8 Computation of time. 302.9 Continuances and extensions of time. 302.10 Parties. 302.11 Motions. 302.12 Objections to public disclosure of in-formation. 302.13 Consolidation of proceedings. 302.14 Petitions for reconsideration. NON-HEARING PROCEEDINGS 302.

9、15 Non-hearing procedures. RULEMAKING PROCEEDINGS 302.16 Petitions for rulemaking. ORAL EVIDENTIARY HEARING PROCEEDINGS 302.17 Administrative law judges. 302.18 DOT decisionmaker. 302.19 Participation by persons not parties. 302.20 Formal intervention. 302.21 Appearances. 302.22 Prehearing conferenc

10、e. 302.23 Hearing. 302.24 Evidence. 302.25 Subpoenas. 302.26 Depositions. 302.27 Rights of witnesses; attendance fees and mileage. 302.28 Transcripts of hearings. 302.29 Argument before the administrative law judge. 302.30 Briefs to the administrative law judge. 302.31 Initial and recommended decisi

11、ons; certification of the record. 302.32 Petitions for discretionary review of initial or recommended decisions; review proceedings. 302.33 Tentative decision of the DOT deci-sionmaker. 302.34 Exceptions to tentative decisions of the DOT decisionmaker. 302.35 Briefs to the DOT decisionmaker. 302.36

12、Oral argument before the DOT deci-sionmaker. 302.37 Waiver of procedural steps after hear-ing. 302.38 Final decision of the DOT decision-maker. Subpart BRules Applicable to U.S. Air Carrier Certificate and Foreign Air Car-rier Permit Licensing Proceedings 302.201 Applicability. 302.202 Contents of a

13、pplications. 302.203 Service of documents. 302.204 Responsive documents. 302.205 Economic data and other facts. 302.206 Verification. VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00276 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot

14、for ResaleNo reproduction or networking permitted without license from IHS-,-,-267 Office of the Secretary, DOT Pt. 302 DISPOSITION OF APPLICATIONS 302.207 Cases to be decided on written sub-missions. 302.208 Petitions for oral presentation or judges decision. 302.209 Procedures for deferral of appl

15、ica-tions. 302.210 Disposition of applications; orders establishing further procedures. 302.211 Procedures in certificate cases in-volving initial or continuing fitness. 302.212 Procedures in certificate cases in-volving international routes. 302.213 Procedures in foreign air carrier per-mit cases.

16、302.214 Oral evidentiary hearing. 302.215 Briefs to the administrative law judge. 302.216 Administrative law judges initial or recommended decision. 302.217 Exceptions to administrative law judges initial or recommended decision. 302.218 Briefs to the DOT decisionmaker. 302.219 Oral argument before

17、the DOT deci-sionmaker. 302.220 Final decision of the Department. Subpart CRules Applicable to Exemption and Certain Other Proceedings 302.301 Applicability. 302.302 Filing of applications. 302.303 Contents of applications. 302.304 Service of documents. 302.305 Posting of applications. 302.306 Dismi

18、ssal or rejection of incomplete applications. 302.307 Answers to applications. 302.308 Replies to answers. 302.309 Requests for hearing. 302.310 Exemptions on the Departments ini-tiative. 302.311 Emergency exemptions. Subpart DRules Applicable to Enforcement Proceedings 302.401 Applicability. 302.40

19、2 Definitions. 302.403 Informal complaints. 302.404 Formal complaints. 302.405 Responsive documents. 302.406 Procedure for responding to formal complaints. 302.407 Commencement of enforcement pro-ceeding. 302.408 Answers and replies. 302.409 Default. 302.410 Consolidation of proceedings. 302.411 Mot

20、ions to dismiss and for summary judgment. 302.412 Admissions as to facts and docu-ments. 302.413 Evidence of previous violations. 302.414 Prehearing conference. 302.415 Hearing. 302.416 Appearances by persons not parties. 302.417 Settlement of proceedings. 302.418 Motions for immediate suspension of

21、 operating authority pendente lite. 302.419 Modification or dissolution of en-forcement actions. 302.420 Saving clause. Subpart ERules Applicable to Pro-ceedings With Respect to Rates, Fares and Charges for Foreign Air Transpor-tation 302.501 Applicability. 302.502 Institution of proceedings. 302.50

22、3 Contents and service of petition or complaint. 302.504 Dismissal of petition or complaint. 302.505 Order of investigation. 302.506 Complaints requesting suspension of tariffs; answers to such complaints. 302.507 Computing time for filing com-plaints. Subpart FRules Applicable to Proceedings Concer

23、ning Airport Fees 302.601 Applicability. 302.602 Complaint by a carrier; request for determination by an airport owner or op-erator. 302.603 Contents of complaint or request for determination. 302.604 Answers to a complaint or request for determination. 302.605 Replies. 302.606 Review of complaints

24、or requests for determination. 302.607 Decision by administrative law judge. 302.608 Petitions for discretionary review. 302.609 Completion of proceedings. 302.610 Final order. Subpart GRules Applicable to Mail Rate Proceedings and Mail Contracts 302.701 Applicability. FINAL MAIL RATE PROCEEDINGS 30

25、2.702 Institution of proceedings. 302.703 Order to show cause or instituting a hearing. 302.704 Objections and answers to order to show cause. 302.705 Further procedures. 302.706 Hearing. PROVISION FOR TEMPORARY RATE 302.707 Procedure for fixing temporary mail rates. INFORMAL MAIL RATE CONFERENCE PR

26、OCEDURE 302.708 Invocation of procedure. 302.709 Scope of conferences. 302.710 Participants in conferences. VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00277 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction

27、or networking permitted without license from IHS-,-,-268 14 CFR Ch. II (1111 Edition) 302.1 302.711 Conditions upon participation. 302.712 Information to be requested from an air carrier. 302.713 DOT analysis of data for submission of answers thereto. 302.714 Availability of data to the U.S. Post-al

28、 Service. 302.715 Post-conference procedure. 302.716 Effect of conference agreements. 302.717 Waiver of participant conditions. PROCESSING CONTRACTS FOR THE CARRIAGE OF MAIL IN FOREIGN AIR TRANSPORTATION 302.718 Filing. 302.719 Explanation and data supporting the contract. 302.720 Service. 302.721 C

29、omplaints. 302.722 Answers to complaints. 302.723 Further procedures. 302.724 Petitions for reconsideration. APPENDIX A TO PART 302INDEX TO RULES OF PRACTICE AUTHORITY: 39 U.S.C. 5402; 42 U.S.C., 4321, 49 U.S.C. Subtitle I and Chapters 401, 411, 413, 415, 417, 419, 461, 463, 471. SOURCE: Docket No.

30、OST972090, 65 FR 6457, Feb. 9, 2000, unless otherwise noted. 302.1 Applicability and description of part. (a) Applicability. This part governs the conduct of all aviation economic proceedings before the Department whether instituted by order of the De-partment or by the filing with the De-partment o

31、f an application, complaint, petition, motion, or other authorized or required document. This part also contains delegations to administrative law judges and to the DOT decision-maker of the Departments function to render the agency decision in certain cases and the procedures for review of those de

32、cisions. This part applies un-less otherwise specified by order of the Department. (b) Description. Subpart A of this part sets forth general rules applicable to all types of proceedings. Each of the other subparts of this part sets forth special rules applicable to the type of proceedings described

33、 in the title of the subpart. Therefore, for information as to applicable rules, reference should be made to subpart A and to the rules in the subpart relating to the par-ticular type of proceeding, if any. In addition, reference should be made to Subtitle VII of Title 49 of the United States Code (

34、Transportation) (the Statute), and to the substantive rules, regulations and orders of the Depart-ment relating to the proceeding. Wher-ever there is any conflict between one of the general rules in subpart A and a special rule in another subpart applica-ble to a particular type of proceeding, the s

35、pecial rule will govern. (c) Reference to part and method of cit-ing rules. This part may be referred to as the Rules of Practice. Each sec-tion, and any paragraph or subpara-graph thereof, may be referred to as a Rule. The number of each rule need include only the numbers and letters at the right o

36、f the decimal point. For ex-ample, 302.7 Service of documents, may be referred to as Rule 7. 302.2 Definitions. Administrative law judge as used in this part means an administrative law judge appointed pursuant to 5 U.S.C. 3105. DOT Decisionmaker as used in this part is the official authorized to is

37、sue final decisions of the Department as set forth in 302.18. This includes the Assistant Secretary for Aviation and International Affairs, the senior career official in the Office of the Assistant Secretary for Aviation and Inter-national Affairs, the Deputy Secretary, and the Secretary. Hearing ca

38、se or oral hearing case means any proceeding that the Depart-ment has determined will be conducted on the record using oral evidentiary procedures subject to 5 U.S.C. 556 and 557. Non-hearing case means any pro-ceeding not involving oral evidentiary procedures. Party as used in this part includes th

39、e person initiating a proceeding, such as an applicant, complainant, or petitioner; any person filing an answer to such filing; and any other persons as set forth in 302.10. Statute when used in this chapter means Subtitle VII of Title 49 of the United States Code (Transportation). Subpart ARules of

40、 General Applicability 302.3 Filing of documents. (a) Filing address, date of filing, hours. (1) Documents required by any section VerDate Mar2010 13:23 Feb 23, 2011 Jkt 223046 PO 00000 Frm 00278 Fmt 8010 Sfmt 8010 Y:SGML223046.XXX 223046WReier-Aviles on DSKGBLS3C1PROD with CFRProvided by IHSNot for

41、 ResaleNo reproduction or networking permitted without license from IHS-,-,-269 Office of the Secretary, DOT 302.3 of this part to be filed with the Depart-ment must be filed with Department of Transportation Dockets at the Depart-ments offices in Washington, DC. Doc-uments may be filed either on pa

42、per or by electronic means using the process set at the DOT Dockets Management System (DMS) internet website. (2) Such documents will be deemed to be filed on the date on which they are actually received by the Department. Documents must be filed between the hours of 9:00 a.m. and 5:00 p.m., eastern

43、 standard or daylight savings time, whichever is in effect in the District of Columbia at the time, Monday to Fri-day, inclusive, except on legal holi-days. Electronic filings may be made at any time under the process set by the Department. Electronic filings that are received after the specified Do

44、ckets Facility hours shall be deemed to be constructively received on the next Dockets Facility business day. (b) Formal specifications of documents. (1) Documents filed under this part must be on white paper not larger than 812 by 11 inches, including any tables, charts and other documents that may

45、 be included. Ink must be black to pro-vide substantial contrast for scanning and photographic reproduction. Text must be double-spaced (except for foot-notes and long quotations which may be single-spaced) using type not small-er than 12 point. The left margin must be at least 112 inches; all other

46、 margins must be at least 1 inch. The title page and first page must bear a clear date and all subsequent pages must bear a page number and abbreviated heading. In order to facilitate automated proc-essing in document sheet feeders, docu-ments of more than one page should be held together with remov

47、able metal clips or similar retainers. Original doc-uments may not be bound in any form or include tabs, except in cases as-signed by order to an Administrative Law Judge for hearing, in which case the filing requirements will be set by order. Section 302.35 contains addi-tional requirements as to t

48、he contents and style of briefs. (2) Papers may be reproduced by any duplicating process, provided all copies are clear and legible. Appropriate notes or other indications must be used, so that the existence of any matters shown in color on the original will be accurately indicated on all copies. (c

49、) Number of copies. Unless otherwise specified, an executed original, along with the number of true copies set forth below for each type of proceeding, must be filed with Department of Transportation Dockets. The copies filed need not be signed, but the name of the person signing the original docu-ment, as distinguished from the firm or organization he or she represents, must also be typed or printed on all copies below the space provided for