title-14-part-13-sec13-20

Federal Aviation Administration, DOT

§ 13.20

(iv) Request that an order be issued

in accordance with the notice of pro-
posed certificate action so that the cer-
tificate holder or aircraft owner may
appeal to the National Transportation
Safety Board.

amending, modifying, suspending, or
revoking a type certificate, production
certificate, airworthiness certificate,
airman certificate, air carrier oper-
ating certificate, air navigation facil-
ity certificate, or air agency certifi-
cate, a person affected by the imme-
diate effectiveness of the Administra-
tor’s order may petition the National
Transportation Safety Board for a re-
view of the Administrator’s determina-
tion that an emergency exists.

(d) A person may not petition the Na-

tional Transportation Safety Board for
a review of the Administrator’s deter-
mination that safety in air transpor-
tation or air commerce requires the
immediate effectiveness of an order
where the action is based on the cir-
cumstances described in paragraph
(d)(1), (2), or (3) of this section.

(1) The revocation of an individual’s

airman certificates for the reasons
stated in paragraph (d)(1)(i) or (ii) of
this section:

(i) A conviction under a law of the

United States or a State related to a
controlled substance (except a law re-
lated to simple possession of a con-
trolled substance), of an offense pun-
ishable by death or imprisonment for
more than one year if the Adminis-
trator finds that—

(A) An aircraft was used to commit,

or facilitate the commission of the of-
fense; and

(B) The individual served as an air-

man, or was on the aircraft, in connec-
tion with committing, or facilitating
the commission of, the offense.

(ii) Knowingly carrying out an activ-

ity punishable, under a law of the
United States or a State related to a
controlled substance (except a law re-
lated to simple possession of a con-
trolled substance), by death or impris-
onment for more than one year; and—

(A) An aircraft was used to carry out

or facilitate the activity; and

(B) The individual served as an air-

man, or was on the aircraft, in connec-

tion with carrying out, or facilitating
the carrying out of, the activity.

(2) The revocation of a certificate of

registration for an aircraft, and any
other aircraft the owner of that air-
craft holds, if the Administrator finds
that—

(i) The aircraft was used to carry out

or facilitate an activity punishable,
under a law of the United States or a
State related to a controlled substance
(except a law related to simple posses-
sion of a controlled substance), by
death or imprisonment for more than
one year; and

(ii) The owner of the aircraft per-

mitted the use of the aircraft knowing
that the aircraft was to be used for the
activity described in paragraph (d)(2)(i)
of this section.

(3) The revocation of an airman cer-

tificate, design organization certifi-
cate, type certificate, production cer-
tificate, airworthiness certificate, air
carrier operating certificate, airport
operating certificate, air agency cer-
tificate, or air navigation facility cer-
tificate if the Administrator finds that
the holder of the certificate or an indi-
vidual who has a controlling or owner-
ship interest in the holder—

(i) Was convicted in a court of law of

a violation of a law of the United
States relating to the installation, pro-
duction, repair, or sale of a counterfeit
or fraudulently-represented aviation
part or material; or

(ii) Knowingly, and with the intent

to defraud, carried out or facilitated an
activity described in paragraph (d)(3)(i)
of this section.

[Docket FAA–2018–1051, Amdt. 13–40, 86 FR
54527, Oct. 1, 2021, as amended by Docket
FAA–2018–1051, Amdt. 13–40A, 87 FR 61233,
Oct. 11, 2022]

§ 13.20

Orders of compliance, cease

and desist orders, orders of denial,
and other orders.

(a)

General. This section applies to all

of the following:

(1) Orders of compliance;
(2) Cease and desist orders;
(3) Orders of denial;
(4) Orders suspending or revoking a

certificate of registration (but not rev-
ocation of a certificate of registration
because the aircraft was used to carry

VerDate Sep<11>2014

09:06 Jun 28, 2024

Jkt 262046

PO 00000

Frm 00057

Fmt 8010

Sfmt 8010

Y:\SGML\262046.XXX

262046

jspears on DSK121TN23PROD with CFR

14 CFR Ch. I (1–1–24 Edition)

§ 13.20

out or facilitate an activity punish-
able, under a law of the United States
or a State related to a controlled sub-
stance (except a law related to simple
possession of a controlled substance),
by death or imprisonment for more
than one year and the owner of the air-
craft permitted the use of the aircraft
knowing that the aircraft was to be
used for the activity); and

(5) Other orders issued by the Admin-

istrator to carry out the provisions of
the Federal aviation statute codified at
49 U.S.C. subtitle VII that apply this
section by statute, rule, regulation, or
order, or for which there is no specific
administrative process provided by
statute, rule, regulation, or order.

(b)

Applicability of procedures. (1)

Prior to the issuance of a non-imme-
diately effective order covered by this
section, the Administrator will provide
the person who would be subject to the
order with notice, advising the person
of the charges or other reasons upon
which the proposed action is based, and
the provisions in paragraph (c) of this
section apply.

(2) If the Administrator is of the

opinion that an emergency exists re-
lated to safety in air commerce and re-
quires immediate action and issues an
order covered by this section that is
immediately effective, the provisions
of paragraph (d) of this section apply.

(c)

Non-emergency procedures. (1)

Within 30 days after service of the no-
tice, the person subject to the notice
may:

(i) Submit a written reply;
(ii) Agree to the issuance of the order

as proposed in the notice of proposed
action, waiving any right to contest or
appeal the agreed-upon order issued
under this option in any administra-
tive or judicial forum;

(iii) Submit a written request for an

informal conference to discuss the
matter with an agency attorney; or

(iv) Request a hearing in accordance

with the non-emergency procedures of
subpart D of this part.

(2) After an informal conference is

held or a reply is filed, if the agency at-
torney notifies the person that some or
all of the proposed agency action will
not be withdrawn, the person may,
within 10 days after receiving the agen-
cy attorney’s notification, request a

hearing on the parts of the proposed
agency action not withdrawn, in ac-
cordance with the non-emergency pro-
cedures of subpart D of this part.

(3) If a hearing is requested in accord-

ance with paragraph (c)(1)(iv) or (c)(2)
of this section, the non-emergency pro-
cedures of subpart D of this part apply.

(4) Failure to request a hearing with-

in the periods provided in paragraph
(c)(1)(iv) or (c)(2) of this section:

(i) Constitutes a waiver of the right

to a hearing and appeal; and

(ii) Authorizes the agency to make

appropriate findings of fact and to
issue an appropriate order without fur-
ther notice or proceedings.

(d)

Emergency procedures. (1) If the

Administrator is of the opinion that an
emergency exists related to safety in
air commerce and requires immediate
action, the Administrator issues simul-
taneously:

(i) An immediately effective order

that expires 80 days after the date of
issuance and sets forth the charges or
other reasons upon which the order is
based; and

(ii) A notice of proposed action that:
(A) Sets forth the charges or other

reasons upon which the notice of pro-
posed action is based; and

(B) Advises that within 10 days after

service of the notice, the person may
appeal the notice by requesting an ex-
pedited hearing in accordance with the
emergency procedures of subpart D of
this part.

(2) The Administrator will serve the

immediately effective order and the
notice of proposed action together by
personal or overnight delivery and by
certified or registered mail to the per-
son subject to the order and notice of
proposed action.

(3) Failure to request a hearing chal-

lenging the notice of proposed action
under the expedited procedures in sub-
part D of this part within 10 days after
service of the notice:

(i) Constitutes a waiver of the right

to a hearing and appeal under subpart
D of this part; and

(ii) Authorizes the Administrator,

without further notice or proceedings,
to make appropriate findings of fact,
issue an immediately effective order
without expiration, and withdraw the
80-day immediately effective order.

VerDate Sep<11>2014

09:06 Jun 28, 2024

Jkt 262046

PO 00000

Frm 00058

Fmt 8010

Sfmt 8010

Y:\SGML\262046.XXX

262046

jspears on DSK121TN23PROD with CFR

Federal Aviation Administration, DOT

§ 13.37

(4) The filing of a request for hearing

under subpart D of this part does not
stay the effectiveness of the 80-day im-
mediately effective order issued under
this section.

(e)

Delegation of authority. The au-

thority of the Administrator under this
section is delegated to the Chief Coun-
sel, each Deputy Chief Counsel, and the
Assistant Chief Counsel for Enforce-
ment.

§§ 13.21 –13.29

[Reserved]

Subpart D—Rules of Practice for

FAA Hearings

OURCE

: Docket No. FAA-2018-1051; Amdt.

No. 13-40, 86 FR 54532, Oct. 1, 2021, unless oth-
erwise noted.

§ 13.31

Applicability.

This subpart applies to proceedings

in which a hearing has been requested
in accordance with § 13.20 or § 13.75.
Hearings under this subpart are consid-
ered informal and are provided through
the Office of Adjudication.

§ 13.33

Parties, representatives, and

notice of appearance.

(a)

Parties. Parties to proceedings

under this subpart include the fol-
lowing: Complainant, respondent, and
where applicable, intervenor.

(1) Complainant is the FAA Office

that issued the notice of proposed ac-
tion under the authorities listed in
§ 13.31.

(2) Respondent is the party filing a

request for hearing.

(3) Intervenor is a person permitted

to participate as a party under § 13.51.

(b)

Representatives. Any party to a

proceeding under this subpart may ap-
pear and be heard in person or by a rep-
resentative. A representative is an at-
torney, or another representative des-
ignated by the party.

(c)

Notice of appearance—(1) Content.

The representative of a party must file
a notice of appearance that includes
the representative’s name, address,
telephone number, and, if available, fax
number, and email address.

(2)

Filing. A notice of appearance may

be incorporated into an initial filing in
a proceeding. A notice of appearance by
additional representatives or sub-

stitutes after an initial filing in a pro-
ceeding must be filed independently.

§ 13.35

Request for hearing, complaint,

and answer.

(a)

Initial filing and service. A request

for hearing must be filed with the FAA
Hearing Docket, and a copy must be
served on the official who issued the
notice of proposed action, in accord-
ance with the requirements in § 13.43
for filing and service of documents.
The request for hearing must be in
writing and describe the action pro-
posed by the FAA, and must contain a
statement that a hearing is requested
under this subpart.

(b)

Complaint. Within 20 days after

service of the copy of the request for
hearing, the official who issued the no-
tice of proposed action must forward a
copy of that notice, which serves as the
complaint, to the FAA Hearing Docket.

(c)

Answer. Within 30 days after serv-

ice of the copy of the complaint, the
Respondent must file an answer to the
complaint. All allegations in the com-
plaint not specifically denied in the an-
swer are deemed admitted.

§ 13.37

Hearing officer: Assignment

and powers.

As soon as practicable after the filing

of the complaint, the Director of the
Office of Adjudication will assign a
hearing officer to preside over the mat-
ter. The hearing officer may—

(a) Give notice concerning, and hold,

prehearing conferences and hearings;

(b) Administer oaths and affirma-

tions;

sion of evidence in written form;

(e) Issue subpoenas;
(f) Rule on offers of proof;
(g) Receive evidence;
(h) Regulate the course of pro-

ceedings, including but not limited to
discovery, motions practice, imposi-
tion of sanctions, and the hearing;

(i) Hold conferences, before and dur-

ing the hearing, to settle and simplify
issues by consent of the parties;

(j) Dispose of procedural requests and

similar matters;

VerDate Sep<11>2014

09:06 Jun 28, 2024

Jkt 262046

PO 00000

Frm 00059

Fmt 8010

Sfmt 8010

Y:\SGML\262046.XXX

262046

jspears on DSK121TN23PROD with CFR