§ 13.234 - Petition to reconsider or modify a final decision and order of the FAA decisionmaker on appeal.

§ 13.234 Petition to reconsider or modify a final decision and order of the FAA decisionmaker on appeal.

(a) General. Any party may petition the FAA decisionmaker to reconsider or modify a final decision and order issued by the FAA decisionmaker on appeal from an initial decision. A party shall must file a petition to reconsider or modify with the FAA decisionmaker in accordance with § 13.210 not later than 30 days after service of the FAA decisionmaker's final decision and order on appeal and shall must serve a copy of the petition on each party in accordance with § 13.211. A party is not required to serve any documents under this section on the administrative law judge. The FAA decisionmaker will not reconsider or modify an initial decision and order issued by an administrative law judge that has not been appealed by any party to the FAA decisionmaker.

(b) Form and number Number of copies. A party shall file a petition to reconsider or modify, in writing, with the FAA decisionmaker. The party shall file the original petition with the FAA decisionmaker and shall serve a copy of the petition on each party. The parties must file the original plus one copy of the petition or the reply to the petition, but only one copy if filing by email or fax, as provided in § 13.210.

(c) Contents. A party shall must state briefly and specifically the alleged errors in the final decision and order on appeal, the relief sought by the party, and the grounds that support , the petition to reconsider or modify.

(1) If the petition is based, in whole or in part, on allegations regarding the consequences of the FAA decisionmaker's decision, the party shall must describe these allegations and shall must describe, and support, the basis for the allegations.

(2) If the petition is based, in whole or in part, on new material not previously raised in the proceedings, the party shall must set forth the new material and include affidavits of prospective witnesses and authenticated documents that would be introduced in support of the new material. The party shall must explain, in detail, why the new material was not discovered through due diligence prior to the hearing.

(d) Repetitious and frivolous petitions. The FAA decisionmaker will not consider repetitious or frivolous petitions. The FAA decisionmaker may summarily dismiss repetitious or frivolous petitions to reconsider or modify.

(e) Reply petitions. Any other party may reply replying to a petition to reconsider or modify , not must file the reply in accordance with § 13.210 no later than 10 days after service of the petition on that party, by filing a reply with the FAA decisionmaker. A party shall and must also serve a copy of the reply on each party in accordance with § 13.211.

(f) Effect of filing petition. Unless otherwise ordered by the FAA decisionmaker, The filing of a timely petition pursuant to under this section will not stay or delay the effective date of the FAA decisionmaker's final decision and order on appeal and shall not toll the time allowed for judicial reviewuntil final disposition of the petition by the FAA decisionmaker.

(g) FAA decisionmaker's decision on petition. The FAA decisionmaker has sole discretion to grant or deny a petition to reconsider or modify. The FAA decisionmaker will grant or deny a petition to reconsider or modify within a reasonable time after receipt of the petition or receipt of the reply petition, if any. The FAA decisionmaker may affirm, modify, or reverse the final decision and order on appeal, or may remand the case for any proceedings that the FAA decisionmaker determines may be necessary.

[Amdt. 13-21, 55 FR 27575, July 3, 1990; 55 FR 29293, July 18, 1990; Amdt. 13-23, 55 FR 45983, Oct. 31, 1990]