§ 13.41 Separation of functions and prohibition on ex parte communications.

FederalRegulations

Ask Donna

How this section applies to your facts.

Title 14 CFR: Aeronautics and Space › Chapter I: FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION › Part 13: INVESTIGATIVE AND ENFORCEMENT PROCEDURES › Subpart D: Rules of Practice for FAA Hearings › § 13.41: § 13.41 Separation of functions and prohibition on ex parte communications.

This text was captured on Aug 14, 2026. It is a snapshot, not a live feed, so check the official code before relying on it.

Text

(a)

Separation of powers.

The hearing officer independently exercises the powers under this subpart in a manner conducive to justice and the proper dispatch of business. The hearing officer must not participate in any appeal to the Administrator.

(b)

Ex parte communications.

(1) No substantive ex parte communications between the hearing officer and any party are permitted.

(2) A hearing, conference, or other event scheduled with prior notice will not constitute ex parte communication prohibited by this section. A hearing, conference, or other event scheduled with prior notice, may proceed in the hearing officer's sole discretion if a party fails to appear, respond, or otherwise participate, and will not constitute an ex parte communication prohibited by this section.

(3) For an appeal to the Administrator under this subpart, FAA attorneys representing the complainant must not advise the Administrator or engage in any ex parte communications with the Administrator or his advisors.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.

§ 13.41 Separation of functions and prohibition on ex parte communications. · 14 C.F.R. § 13.41 (2026) | Frix