(c) Motion for more definite statement. The certificate holder may, in place of his answer, file a motion that the allegations in the notice be made more definite and certain. If the Hearing Officer grants the motion, the FAA counsel shall comply within 10 days after the date it is granted. If the Hearing Officer denies the motion the certificate holder shall file his 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 move for a judgment on the pleadings.

(e) Motion to strike. Upon motion of either party, the Hearing Officer may order stricken, from any pleading, any insufficient allegation or defense, or any immaterial, impertinent, or scandalous matter.

(f) Motion for production of documents. Upon motion of any party showing good cause, the Hearing Officer may, in the manner provided by Rule 34, Federal Rules of Civil 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 the hearing, and that is in the party's possession, custody, or control.

(g) Consolidation of motions. A party who makes a motion under this section shall join with it all other motions that are then available to him. Any objection that he does not so raise is considered to be waived.

(h) Answers to motions. Any party may file an answer to any motion under this section within five days after service of the motion.

[Doc. No. 1242, 27 F.R. 9592, Sept. 28, 1962, as amended by Amdt. 13-1, 28 F.R. 6065, June 14, 1963; Amdt. 13-2, 30 F.R. 7223, May 29, 1965; Doc. No. 8084, 32 F.R. 5769, Apr. 11, 1967]

vention will not unduly broaden th issues or delay the proceedings. Excep for good cause shown, a motion for leav to intervene may not be considered if i is filed less than 10 days before the hearing.

[Doc. No. 1242, 27 F.R. 9591, Sept. 28, 1962 § 13.53 Depositions.

After the respondent has filed a Re quest for Hearing and an Answer, either party may take testimony by deposition in accordance with section 1004 of the Federal Aviation Act of 1958 (49 U.S.C 1484) or Rule 26, Federal Rules of Civi Procedure.

[Doc. No. 1242, 27 F.R. 9591, Sept. 28, 1962 § 13.55 Notice of hearing.

The Hearing Officer to whom the case is assigned shall give the parties adequate notice of the date of the hearing and the place where it will be held. The Hearing Officer may hold the hearing at the city in which there is located the Regional Headquarters of the FAA, the originating FAA office, or the Flight Standards District office nearest to the residence of the certificate holder, or at any other location that the Hearing Officer directs. Hearings are held only within the 50 States, the District of Columbia, and Puerto Rico.

[Doc. No. 1242, 27 F.R. 9591, Sept. 28, 1962, as amended by Amdt. 13-1, 28 F.R. 6065, June 14, 1963]

§ 13.57 Subpoenas and witness fees.

(a) The Hearing Officer to whom a case is assigned may, upon application by any party to the proceeding, issue subpoenas requiring the attendance of witnesses or the production of documentary or tangible evidence at a hearing or for the purpose of taking depositions. However, the application for producing evidence must show its general relevance and reasonable scope. This paragraph does not apply to the attendance of FAA employees or to the production of documentary evidence in the custody of such an employee at a hearing.

(b) A person who applies for the production of a document in the custody of an FAA employee must follow the procedure in § 13.49 (f). If he applies for the attendance of an FAA employee, he must send the application, in writing, to the Hearing Officer, setting forth the need for that employee's attendance.

(c) A witness in a proceeding under this subpart is entitled to the same fees and mileage as is paid to a witness in a court of the United States under comparable circumstances. The party at whose instance the witness is subpoenaed or appears shall pay the witness his fees. [Doc. No. 1242, 27 F.R. 9591, Sept. 28, 1962, as amended by Amdt. 13-3, 30 F.R. 12025, Sept. 21, 1965]

§ 13.59 Evidence.

(a) Each party to a hearing may present his case or defense by oral or documentary evidence, submit evidence in rebuttal, and conduct such cross-examination as may be needed for a full disclosure of the facts. In a proceeding against a certificate holder who is a natural person, any report filed by that holder as required by the National Transportation Safety Board or the FAA is not admissible in evidence. However, such a report may be used to impeach the testimony of the certificate holder.

(b) Except with respect to affirmative defenses, the burden of proof is upon the FAA counsel.

[Doc. No. 1242, 27 F.R. 9592, Sept. 28, 1962, as amended by Amdt. 13-2, 30 F.R. 7224, May 29, 1965; Doc. No. 8084, 32 F.R. 5769, Apr. 11, 1967]

§ 13.61 Argument and submittals.

The Hearing Officer shall give the parties adequate opportunity to present arguments in support of motions, objections, and the final order. The Hearing Officer may determine whether arguments are to be oral or written. At the end of the hearing the Hearing Officer may, in his discretion, allow each party to submit written proposed findings and conclusions and supporting reasons for · them.

§ 13.67 Final order of Hearing Officer. (a) If the final order of the Hearing Officer makes a decision on the merits, it contains a statement of his findings and conclusions on all material issues of fact and law. If the Hearing Officer determines that safety in air commerce or air transportation and the public interest so require, he may issue an order amending, suspending or revoking the respondent's certificate. The certificate action imposed may not be more severe than that proposed in the notice of proposed certificate action. If the Hearing Officer finds that the allegations of the notice have been proved, but that no sanction is required, he makes appropriate findings and orders the notice terminated. If the Hearing Officer finds that the allegations of the notice have not been proved, he orders the notice dismissed. If the Hearing Officer finds it to be equitable and in the public interest, he may order the proceeding terminated upon payment by the respondent of a civil penalty in an amount agreed upon by the parties.

(b) If the order is issued in writing, it shall be served upon the parties.

(c) If the Hearing Officer orders respondent's certificate to be amended, suspended or revoked, he shall state in the order that the respondent has the right to appeal to the National Transportation Safety Board.

[Amdt. 13-1, 28 F.R. 6065, June 14, 1963, as amended by Amdt. 13-2, 30 F.R. 7224, May 29, 1965; Doc. 8084, 32 F.R. 5769, Apr. 11, 1967; Amdt. 13-5, 32 F.R. 7585, May 24, 1967]

[Doc. No. 1242, 27 F.R. 9592, Sept. 28, 1962, as amended by Amdt. 13-2, 30 F.R. 7224, May 29, 1965]

$13.63 Record.

The purpose of this part is to effectuate the provisions of Title VI of the Civil Rights Act of 1964 (in this part referred to as the "Act") to the end that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving Federal financial assistance from the Federal Aviation Administration.

[Doc. No. 6388, 29 F.R. 19283, Dec. 31, 1964, as amended by Doc. No. 8084, 32 F.R. 5769, Apr. 11, 1967]

§ 15.3 Applicability.

(a) This part applies to any program for which Federal financial assistance is authorized under a law administered by the FAA including the Federally-assisted programs and activities listed in Appendix A of this part. It applies to money paid, property transferred, or other Federal financial assistance

extended under any such program after the effective date of this part pursuant to an application approved before that date.

(b) This part does not apply to:

(1) Any Federal financial assistance by way of insurance or guaranty contracts;

(2) Money paid, property transferred, or other assistance extended under any such program before the effective date of this part;

(3) Any assistance to any individual who is the ultimate beneficiary under any such program; or

(4) Any employment practice, under any such program, of any employer, employment agency, or labor organization.

(c) The fact that a program or activity is not listed in Appendix A does not mean, if Title VI of the Act is otherwise applicable, that the program is not covered. Other programs under statutes in force on the effective date of this part or enacted after that date may be added to this list by notice published in the FEDERAL REGISTER.

§ 15.5

Discrimination prohibited.

(a) General. No person in t United States shall, on the ground race, color, or national origin, be e cluded from participation in, be deni the benefits of, or be otherwise su jected to discrimination under any pr gram to which this part applies.

actio

(b) Specific discriminatory prohibited. (1) A recipient under a program to which this part applies ma not, directly or through contractual other arrangements, on ground of rad color, or national origin

(i) Deny an individual any service, nancial aid, or other benefit provid under the program;

(ii) Provide any service, financial ai or other benefit to an individual that different, or is provided in a differe manner, from that provided to othe under the program;

(iii) Subject an individual to segreg tion or separate treatment in any matt related to his receipt of any service, f nancial aid, or other benefit under th program;

(iv) Restrict an individual in any wa in the enjoyment of any advantage privilege enjoyed by others receiving an service, financial aid, or other benef under the program;

(v) Treat an individual different from others in determining whether h satisfies any admission, enrollmen quota, eligibility, membership or othe requirement or condition that individua must meet in order to be provided an service, financial aid, or other benef provided under the program; or

(vi) Deny an individual an oppo tunity to participate in the progra through the provision of services otherwise or afford him an opportuni to do so that is different from that a forded others under the program.

(2) A recipient, in determining th types of services, financial aid, or oth benefits, or facilities which will be pro vided under any such program, or th class of individuals to whom, or the sit uations in which, such services, financia aid, other benefits, or facilities will b provided under any such program, ma not, directly or through contractual o other arrangements, utilize criteria o methods of administration which hav the effect of subjecting individuals to dis crimination because of their race, colo or national origin, or have the effect defeating or substantially impairing ad

Where any information required of a recipient is in the exclusive possession of any other agency, institution, or person, and this agency, institution, or person fails or refuses to furnish this information, the recipient shall so certify in its report and shall set forth what efforts it has made to obtain the information.

(d) Information to beneficiaries and participants. Each recipient shall make available to participants, beneficiaries, and other interested persons such information regarding the provisions of this part and its applicability to the program under which the recipient receives Federal financial assistance, and make such information available to them in such manner, as the Administrator finds necessary to apprise such persons of the protections against discrimination assured them by the Act and this part. § 15.11 Conduct of investigations.

(a) Periodic compliance reviews. The Administrator shall from time to time review the practices of recipients to determine whether they are complying with this part.

(b) Complaints. Any person who believes himself or any specific class of individuals to be subjected to discrimination prohibited by this part may by himself or by a representative file with the Administrator a written complaint. A complaint must be filed not later than 90 days after the date of the alleged discrimination, unless the time for filing is extended by the Administrator.

(c) Investigations. The Administrator will make a prompt investigation whenever a compliance review, report complaint, or any other information indicates a possible failure to comply with this part. The investigation should include, where appropriate, a review of the pertinent practices and policies of the recipient, the circumstances under which the possible noncompliance with this part occurred, and other factors relevant to a determination as to whether the recipient has failed to comply with this part.

(d) Resoultion of matters. (1) If an investigation pursuant to paragraph (c) of this section indicates a failure to comply with this part, the Administrator will so inform the recipient and the matter will be resolved by informal means whenever possible. If it has been determined that the matter cannot be resolved by informal means, action will be taken as provided for in § 15.13.

(2) If an investigation does not war rant action pursuant to subparagrap (1) of this paragraph, the Administrato will so inform the recipient and the com plainant, if any, in writing.

(e) Intimidatory or retaliatory act prohibited. No recipient or other perso may intimidate, threaten, coerce, or dis criminate against any individual for th purpose of interfering with any right o privilege secured by section 601 of th Act or by this part, or because he ha made a complaint, testified, assisted, o participated in any manner in an in vestigation, proceeding, or hearing unde this part. The identity of complainant shall be kept confidential except to th extent necessary to carry out the pur poses of this part, including the conduc of any investigation, hearing, or judicia proceeding arising thereunder.

§ 15.13 Procedure for effecting compli

ance.

(a) General. If there appears to be a failure or threatened failure to comply with this part, and if the noncompliance or threatened noncompliance cannot be corrected by informal means, compliance with this part may be effected by the sus pension or termination of or refusal to grant or to continue Federal financial assistance or by any other means authorized by law. Such other means may include:

(1) A reference to the Department of Justice with a recommendation that appropriate proceedings be brought to enforce any rights of the United States under any law of the United States (including other titles of the Act), or any assurance or other contractual undertaking; and

(2) Any applicable proceeding unde State or local law.

I

(b) Noncompliance with § 15.7. an applicant fails or refuses to furnish an assurance required under § 15.7 0 otherwise fails or refuses to comply with a requirement imposed by or pursuan to that section, Federal financial assist ance may be refused in accordance with the procedures of paragraph (c) of thi section. The FAA is not required to pro vide assistance in such a case during the pendency of the administrative proceed ings under such paragraph except that the FAA shall continue assistance dur ing the pendency of such proceedings where such assistance is due and payable pursuant to an application therefor ap proved prior to the effective date of this part.