background image


14 CFR Ch. I (1–1–18 Edition) 

§ 16.235 

§ 16.235

Argument before the hearing 


(a)  Argument during the hearing. Dur-

ing the hearing, the hearing officer 
shall give the parties reasonable oppor-
tunity to present oral argument on the 
record supporting or opposing motions, 
objections, and rulings if the parties 
request an opportunity for argument. 
The hearing officer may direct written 
argument during the hearing if the 
hearing officer finds that submission of 
written arguments would not delay the 

(b)  Posthearing briefs. The hearing of-

ficer may request or permit the parties 
to submit posthearing briefs. The hear-
ing officer may provide for the filing of 
simultaneous reply briefs as well, if 
such filing will not unduly delay the 
issuance of the hearing officer’s initial 
decision. Posthearing briefs shall in-
clude proposed findings of fact and con-
clusions of law; exceptions to rulings of 
the hearing officer; references to the 
record in support of the findings of 
fact; and supporting arguments for the 
proposed findings, proposed conclu-
sions, and exceptions. 

[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as 
amended at Amdt. 16–1, 78 FR 56147, Sept. 12, 

§ 16.237

Waiver of procedures. 

(a) The hearing officer shall waive 

such procedural steps as all parties to 
the hearing agree to waive before 
issuance of an initial decision. 

(b) Consent to a waiver of any proce-

dural step bars the raising of this issue 
on appeal. 

(c) The parties may not by consent 

waive the obligation of the hearing of-
ficer to enter an initial decision on the 

§ 16.241

Initial decisions, order, and 


(a) The hearing officer shall issue an 

initial decision based on the record de-
veloped during the proceeding and shall 
send the initial decision to the parties 
not later than 110 days after the Direc-
tor’s Determination unless otherwise 
provided in the hearing order. 

(b) Each party adversely affected by 

the hearing officer’s initial decision 
may file an appeal with the Associate 
Administrator within 15 days of the 

date the initial decision is issued. Each 
party may file a reply to an appeal 
within 10 days after it is served on the 
party. Filing and service of appeals and 
replies shall be by personal delivery. 

(c) If an appeal is filed, the Associate 

Administrator reviews the entire 
record and issues a final agency deci-
sion and order within 60 days of the due 
date of the reply. If no appeal is filed, 
the Associate Administrator may take 
review of the case on his or her own 
motion. If the Associate Administrator 
finds that the respondent is not in 
compliance with any Act or any regu-
lation, agreement, or document of con-
veyance issued or made under such 
Act, the final agency order includes, in 
accordance with § 16.245(d), a statement 
of corrective action, if appropriate, and 
identifies sanctions for continued non-

(d) If no appeal is filed, and the Asso-

ciate Administrator does not take re-
view of the initial decision on the Asso-
ciate Administrator’s own motion, the 
initial decision shall take effect as the 
final agency decision and order on the 
sixteenth day after the actual date the 
initial decision is issued. 

(e) The failure to file an appeal is 

deemed a waiver of any rights to seek 
judicial review of an initial decision 
that becomes a final agency decision 
by operation of paragraph (d) of this 

[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as 
amended at Amdt. 16–1, 78 FR 56147, Sept. 12, 

§ 16.243

Consent orders. 

(a) The agency attorney and the re-

spondents may agree at any time be-
fore the issuance of a final decision and 
order to dispose of the case by issuance 
of a consent order. Good faith efforts to 
resolve a complaint through issuance 
of a consent order may continue 
throughout the administrative process. 
Except as provided in § 16.209, such ef-
forts may not serve as the basis for ex-
tensions of the times set forth in this 

(b) A proposal for a consent order, 

specified in paragraph (a) of this sec-
tion, shall include: 

(1) A proposed consent order; 
(2) An admission of all jurisdictional 


VerDate Sep<11>2014 

11:00 Mar 08, 2018

Jkt 244046

PO 00000

Frm 00120

Fmt 8010

Sfmt 8010



nshattuck on DSK9F9SC42PROD with CFR