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(f) Depositions may also be taken and submitted on written interrogatories in substantially the same manner as depositions taken by oral examination. Ordinarily such procedure will only be authorized if necessary to achieve the purposes of an oral deposition and to serve the balance of convenience of the parties. The interrogatories shall be filed in quadruplicate with two copies of the application and a copy of each shall be served on each party. Within seven (7) days after service any party may file with the person to whom application was made two copies of his objections, if any, to such interrogatories and may file such cross-interrogatories as he desires to submit. Cross-interrogatories shall be filed in quadruplicate, and a copy thereof together with a copy of any objections to interrogatories, shall be served on each party, who shall have five (5) days thereafter to file and serve his objections, if any, to such cross-interrogatories. Objections to interrogatories or crossinterrogatories shall be settled by the Board or hearing officer considering the application. Objections to interrogatories shall be made before the order for taking the deposition issues and if not so made shall be deemed waived. When a deposition is taken upon written interrogatories, and cross-interrogatories, no party shall be present or represented, and no person other than the witness, a stenographic reporter, and the officer shall be present at the examination of the witness, which fact shall be certified by the officer, who shall propound the interrogatories and cross-interrogatories to the witness in their order and reduce the testimony to writing in the witness' own words. The provisions of paragraph (e) of this section shall be applicable to depositions taken in accordance with this paragraph.

(g) All depositions shall conform to the specifications of g 302.3 except that the filing of three copies thereof shall be sufficient. Any fees of a witness, the stenographer, or the officer designated to take the deposition shall be paid by the person at whose instance the deposition is taken.

(h) The fact that a deposition is taken and filed in a proceeding as provided in this section does not constitute a determination that it is admissible in evidence or that it may be used in the

proceeding. Only such part or the whole of a deposition as is received in evidence at a hearing shall constitute a part of the record in such proceeding upon which a decision may be based. § 302.21 Attendance fees and mileage.

(a) Where tender of attendance fees and mileage is a condition of compliance with subpena. No person whose attendance at a hearing or whose deposition is to be taken shall be obliged to respond to a subpena unless upon a service of the subpena he is tendered attendance fees and mileage by the party at whose instance he is called in accordance with the requirements of paragraph ib) of this section: Provided, That a witness summoned at the instance of the Board or one of its employees, or a salaried employee of the United States summoned to testify as to matters related to his public employment, need not be tendered such fees or mileage at that time.

(b) Amount of mileage and attendance fees to be paid. (1) Witnesses who are not salaried employees of the United States, or such employees summoned to testify on matters not related to their public employment, shall be paid the same fees and mileage paid to witnesses for like services in the courts of the United States, as provided in subdivisions (1) through (iii) of this subparagraph: Provided, That no employee, officer or attorney of an air carrier who travels under the free or reduced rate provisions of section 403(b) of the act shall be entitled to any fees or mileage.

(i) Per diem for attendance. There shall be tendered $4 for each day of expected attendance at a hearing or place where deposition is to be taken, and for the time necessarily occupied in going to and returning from the place of attendance,

(ii) Allowance for subsistence. In addition to per diem for attendance, when attendance is required at a point so far removed from the witness' residence as. to prohibit daily return thereto, there shall be tendered an additional sum of $8 per day for expenses of subsistence for each day of expected attendance and for the time necessarily occupied in going to and returning from the place of attendance.

(ül) Mileage. There shall be ten above requirements, either because the dered an amount equal to 8 cents per mile witness traveled under the free or refor the round-trip distance between the duced rate provisions of section 403 (b) witness' place of residence and the place of the act, or for any other reason, the where attendance is required. Regard witness shall upon request within & less of the mode of travel employed, reasonable period of time refund such computation of mileage shall be made on sums as may be excessive under the prothe basis of a uniform table of distances visions of this section. adopted by the Attorney General where

8 302.22 Examiners. the travel is covered by such table: Provided, That in lieu of this mileage

(a) Defined. The term "examiner allowance witnesses who are required to

as used in this part includes presiding travel between the territories, posses

officers, hearing examiners, individual sions or to and from the continental members of the Board or any other repUnited States or between two foreign

resentative of the Board assigned to hold points shall be tendered a ticket for such a hearing in a proceeding. transportation at the lowest first-class (b) Disqualification. An examiner rate available at the time of reservation shall withdraw from the case if at any plus the required per diem attendance time he deems himself disqualified. If, fees: And provided further, That in

prior to the initial or recommended deAlaska where permitted by section 403(b)

cision in the case, there is filed with the of the Federal Aviation Act of 1958, as

examiner, in good faith, an affidavit of amended, the witness may, at his option, personal bias or disqualification with accept a pass for travel by air.

substantiating facts and the examiner (2) Witnesses who are not salaried does not withdraw, the Board shall deemployees of the United States, or such termine the matter, if properly preemployees summoned to testify on mat

sented by exception or brief, as a part ters not related to their public employ

of the record and decision in the case. ment, who are summoned to testify at

The Board shall not otherwise consider the instance of the Board or one of its any claim of bias or disqualification. employees or the United States or one The Board, in its discretion, may order of its agencies shall be paid in accord a hearing on a charge of bias or ance with the provisions of subpara

disqualification. graph (1) of this paragraph. Such (c) Powers. An examiner shall have witnesses shall be furnished appropriate the following powers, in addition to any forms and instructions for the submis others specified in this part: sion of claims for attendance fees, sub

(1) To give notice concerning and to sistence and mileage from the Govern

hold hearings; ment before the close of the proceedings

(2) To administer oaths and affirmewhich they are required to attend.

tions; Only persons summoned by subpena

(3) To examine witnesses; shall be entitled to claim attendance (4) To issue subpenas and to take or fees, subsistence or mileage from the

cause depositions to be taken; Government.

(5) To rule upon offers of proof and (3) Witnesses who are salaried em

to receive relevant evidence; ployees of the United States and who

(6) To regulate the course and conare summoned to testify on matters re

duct of the hearing; lating to their public employment, ir

(7) To hold conferences, before or respective of at whose instance they

during the hearing, for the settlement or are summoned, shall be paid in ac

simplification of issues; cordance with applicable Government

(8) To rule on motions and to dispose regulations.

of procedural requests or similar mat(4) Whenever the sums tendered to

ters; a witness are inadequate for reimburse

(9) To make initial or recommended ment under the requirements of this

decisions as provided in $ 302.27; section, and such witness has complied

(10) To take any other action auwith the summons, he shall upon request

thorized by this part, by the Adminiswithin a reasonable period of time be en

trative Procedure Act, or by the Federal titled to such additional sums as may be

Aviation Act. due him under the provisions of this sec The examiner's authority in each case tion. Whenever the sums tendered and will terminate either upon the service paid to a witness are excessive under the of a recommended decision, or upon the

certification of the record in the proceed $ 302.19 as though at a hearing. Appliing to the Board, or upon the expiration cations for the production prior to hearof the period within which petitions for ing of documents in the Board's possesdiscretionary review of his initial deci sion shall be addressed to the examiner, sion may be filed, or when he shall have in accordance with the provisions of withdrawn from the case upon consider $ 302.19(g), in the same manner as proing himself disqualified.

vided therein for production of docu(d) Certification to Board for decision. ments at a hearing. The examiner may At any time prior to the close of the also on his own motion or on motion of hearing, the Board may direct the exam any party direct any party to the proiner to certify any question or the entire ceeding (air carrier or non-air carrier) record in the proceeding to the Board to prepare and submit exhibits setting for decision. In cases where the record forth studies, forecasts, or estimates on is thus certified, the examiner shall not matters relevant to the issues in the render an initial decision but shall rec proceeding. ommend a decision to the Board as re (b) Report of prehearing conference, quired by section 8(a) of the Adminis The examiner shall issue a report of pretrative Procedure Act unless, in rule hearing conference, defining the issues, making or determining applications for giving an account of the results of the initial licenses, the Board advises him conference, specifying a schedule for the that it intends to issue a tentative exchange of exhibits and rebuttal exdecision.

hibits, the date of hearing, and specify

ing a time for the filing of objections § 302.23 Prehearing conference.

to such report. The report shall be (a) Purpose and scope of conference. served upon all parties to the proceeding Prior to any hearings there will ordi and any person who appeared at the narily be a prehearing conference before conference. Objections to the report an examiner, although in economic en may be filed by any interested person forcement proceedings where the issues within the time specified therein. The are drawn by the pleadings such confer examiner may revise his report in the ence will usually be omitted. Written light of the objections presented. The notice of the prehearing conference shall revised report, if any, shall be served be sent by the chief examiner to all par upon the same persons as was the origities to a proceeding and to other persons nal report. Exceptions may be taken on who appear to have an interest in such the basis of any timely written objection proceeding. The purpose of such a con which has not been met by a revision of ference is to define and simplify the is the report if they are filed within the sues and the scope of the proceeding, to time specified in the revised report. secure statements of the positions of the Such report shall constitute the official parties with respect thereto and amend account of the conference and shall ments to the pleadings in conformity

control the subsequent course of the protherewith, to schedule the exchange of ceeding, but it may be reconsidered and exhibits before the date set for hearing, modified at any time to protect the and to arrive at such agreements as will public interest or to prevent injustice. aid in the conduct and disposition of the (Sec. 1004 of the Federal Aviation Act of 1958, proceeding. For example, consideration 72 Stat. 792; 49 U.S.C. 1484) (PR-70, 27 F.R. will be given to: (1) Matters which the 12545, Dec. 19, 1962, as amended by PR-89, Board can consider without the necessity

29 F.R. 5318, Apr. 18, 1964] of proof; (2) admissions of fact and of & 302.24 Hearings. the genuineness of documents; (3) re

(a) Notice. The examiner to whom quests for documents; (4) admissibility of evidence; (5) limitation of the num

the case is assigned or the Board shall ber of witnesses; (6) reducing of oral

give the parties reasonable notice of a testimony to exhibit form; (7) procedure

hearing or of the change in the date and at the hearing, etc. The examiner may

place of a hearing and the nature of require further conference, or responsive

such hearing. pleadings, or both. If a party refuses to

(b) Evidence. Evidence presented at produce documents requested by another the hearing shall be limited to material party at the conference, the examiner evidence relevant to the issues as drawn may compel the production of such docu by the pleadings or as defined in the ments prior to hearing by subpena issued report of prehearing conference, subin accordance with the provisions of ject to such later modifications of the

issues as may be necessary to protect the rial or relevant, the party offering the public interest or to prevent injustice same shall plainly designate the matter and shall not be unduly repetitious. so offered. The immaterial and irreleEvidence shall be presented in written vant parts shall be excluded and shall be form by all parties wherever feasible, as segregated insofar as practicable. I the examiner may direct.

the volume of immaterial or irrelevant (c) Objections to evidence. Objec matter would unduly encumber the rections to the admission or exclusion of ord, such book, paper, or document will evidence shall be in short form, stating not be received in evidence, but may be the grounds of objections relied upon, marked for identification, and, if propand the transcript shall not include ar erly authenticated, the relevant or gument or debate thereon except as material matter may be read into the recordered by the examiner. Rulings on ord, or, if the examiner so directs, a true such objections shall be a part of the copy of such matter, in proper form, transcript.

shall be received as an exhibit, and like (d) Exceptions. Formal exceptions copies delivered by the party offering the to the rulings of the examiner made same to opposing parties or their attorduring the course of the hearing are un neys appearing at the hearing, who shall necessary. For all purposes for which be afforded an opportunity to examine an exception otherwise would be taken, the book, paper, or document, and to it is sufficient that a party, at the time offer in evidence in like manner other the ruling of the examiner is made or portions thereof. sought, makes kriown the action he de (i) Records in other proceedings. In sires the examiner to take or his objec case any portion of the record in any tion to an action taken, and his grounds other proceeding or civil or criminal actherefor.

tion is offered in evidence, a true copy (e) Offers of proof. Any offer of proof of such portion shall be presented for made in connection with an objection the record in the form of an exhibit taken to any ruling of the examiner re unless: jecting or excluding proferred oral testi (1) The portion is specified with parmony shall consist of a statement of the ticularity in such manner as to be readsubstance of the evidence which counsel ily identified; and contends would be adduced by such testi (2) The party offering the same agrees mony, and if the excluded evidence con unconditionally to supply such copies sists of evidence in documentary or later, or when required by the Board; written form or of reference to docu and ments or records, a copy of such evidence (3) The parties represented at the shall be marked for identification and hearing stipulate upon the record that shall constitute the offer of proof.

such portion may be incorporated by (f) Exhibits. When written exhibits reference, and that any portion offered are offered in evidence, one copy must by any other party may be incorporated be furnished to each of the parties at the by like reference upon compliance with hearing, and two copies to the examiner, subparagraphs (1) and (2) of this paraunless the parties previously have been graph; and furnished with copies or the examiner (4) The examiner directs such incordirects otherwise. If the examiner has poration or waives the above requirenot fixed a time for the exchange of ex ment with the consent of the parties. hibits, the parties shall exchange copies (j) Receipt of documents after hearof exhibits at the earliest practicable ing. No document or other writings shall time, preferably before the hearing or, at be accepted for the record after the close the latest, at the commencement of the of the hearing except in accordance with hearing.

an agreement of the parties and the con(g) Substitution of copies for original sent of the examiner. exhibits. In his discretion, the exam (k) Transcript of hearings. Hearings iner may permit a party to withdraw shall recorded and transcribed by & original documents offered in evidence

contract reporter of the Board under and substitute true copies in lieu thereof, supervision of the examiner. Copies of

(h) Designation of parts of docu the transcript shall be supplied to the ments. When relevant and material parties to the proceeding by the reporter matter offered in evidence by any party at rates not to exceed the maximum rates is embraced in a book, paper, or docu fixed by contract between the Board and ment containing other matter not mate the reporter.

(1) Corrections to transcript. Changes ports required to be filed by all carriers in in the oficial transcript may be made

connection therewith), filed with the Board. only when they involve errors affecting

8. Recurrent Reports of Mlleage and

Traffic Data of all Domestic Airline Carriers substance. A motion to correct a tran

from 1945 and all similar reports issued by script shall be filed with the Docket

the Civil Aeronautics Board. Section of the Board within ten (10) 9. Certificated Air Carrier Traffic Statistics days after receipt of the completed from 1955; prepared by the Office of Carrier transcript by the Board. If no objec Accounts and Statistics, Civil Aeronautics tions to the motion are filed within ten Board, and all such other similar compila(10) days thereafter, the transcript may,

tions of statistics issued by the Civil Aero

nautics Board. upon the approval of the examiner, be

10. Recurrent Reports of Financial Data changed to reflect such corrections. If

of all Domestic Airline Carriers from 1947 objections are received, the motion and

through the quarter ended September 30, objections shall be submitted to the offi 1953; issued by the Civil Aeronautics Board, cial reporter by the examiner together and all such other similar recurrent reports with a request for a comparison of the issued by the Civil Aeronautics Board. transcript with the stenographic record

11. Certificated Air Carrier Financial Data of the hearing. After receipt of the re

from the quarter ended December 31, 1953;

prepared by the Office of Carrier Accounts port of the official reporter an order shall

and Statistics, Civil Aeronautics Board, and be entered by the examiner settling the all such other similar compilations of data record and ruling on the motion.

issued by the Civil Aeronautics Board. (m) Official notice of facts contained 12. Annual Airline Statistics, Domestic in certain documents. (1) Without Carriers, fiscal years 1936–1941; Annual Airlimiting, in any manner or to any extent,

line Statistics, Domestic Carriers, calendar the discretionary powers of the Board

years 1938–1947; prepared by the Economic

Bureau, Civil Aeronautics Board; and all and its examiners to notice other mat

such other similar compilations of statistics ters or documents properly the subject issued by the Civil Aeronautics Board. of official notice, facts contained in any 13. Quarterly Report of Air Carrier Opdocument within the categories enumer erating Factors, for the quarter ended Sepated in this subdivision are officially tember 30, 1953; prepared by the Office of noticed in all formal economic proceed

Carrier Accounts and Statistics, Civil Aeroings except those subject to Subpart B

nautics Board, and all such other reports for of this part. Each such category shall

quarterly periods as may be made available

to the public by the Civil Aeronautics Board. include any document antedating final

14. Passenger, mall, express, and freight Board decision in the proceeding where data submitted to the Board on Form 2787 such notice is taken. The matters offi or on punch cards submitted in lieu of such cially noticed under the provisions of this forms, by all carriers for any months subseparagraph are:

quent to March 1955.

15. Airline Traffic Surveys, compiled by the 1. Official Guide of the Alrways for each

Civil Aeronautics Board, from September -month prior to and including April 1943; Universal Airline Schedules for each month

1946, and any other such surveys made avail

able to the public. from May 1943 to September 1944, inclusive; American Aviation Air Traffic Guide for each

16. The publication Competition Among month from October 1944 to August 1948,

Domestic Air Carriers, March 1–14, 1956, inclusive; and Official Airline Guide.

compiled by the Civil Aeronautics Board and 2. Official Guide of the Railways and

published by the Air Transport Association Russell's Oficial National Motor Coach

of America, and any other compilations of

similar data made available to the public. Guide, 3. Book of Oficial CAB Airline Route Maps

17. Service Mail Pay and Subsidy for and Airport to Airport Mileages published

United States Certificated Air Carriers, from by Air Transport Association of America. 1955, published by the Civil Aeronautics

4. Shuler Guide and Official Airline Guide Board, and any supplemental data and subQuick Reference Edition.

sequent issues published. 5. All schedules and amendments thereof,

18. Airport Activity Statistics of Certifi. and all tariffs and amendments thereof, of

cated Air Carriers, from December 31, 1955; all carriers, on file with the Board.

compiled by the Civil Aeronautics Board, and 8. Air carrier operating certificates or

published by Air Transport Association of applications therefor, of all carriers, to America, and any subsequent issues thereof gether with any requests for amendment published. thereof.

19. Enplaned Airline Traffic, by commu7. Monthly reports, Forms 2380 and 2780, nity, by year, 1948–1951; Air Commerce Traffor each month through December 1946, and fic Pattern, fiscal years 1953-1955 and calenmonthly and quarterly reports, Forms 41 and dar years 1952–1955, published by the Civil 41(a) (including monthly and annual re Aeronautics Administration, 0.8. Departe

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