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14 CFR Ch. I (1–1–24 Edition)
§ 15.113
the adverse judgment, the publisher
shall—
(1) Give notice to the FAA as re-
quired by § 15.107(d) of this part;
(2) Submit a copy of the trial court’s
decision to the FAA Chief Counsel not
more than 5 business days after the ad-
verse judgment is rendered; and
(3) If an appeal is taken from the ad-
verse judgment, submit a copy of the
appellate decision to the FAA Chief
Counsel not more than 30 days after
that decision is rendered.
(d) Within 60 days after receipt of the
trial court’s decision, the Adminis-
trator by registered mail will—
(1) Notify the publisher that indem-
nification is required under this part;
(2) Request that the publisher appeal
the trial court’s adverse decision; or
(3) Notify the publisher that it is not
entitled to indemnification under this
part and briefly state the basis for the
denial.
§ 15.113
Indemnification agreements.
(a) Upon a finding of the Adminis-
trator that indemnification is required
under this part, and after obtaining the
concurrence of the United States De-
partment of Justice, the FAA will
promptly enter into an indemnification
agreement providing for the payment
of the costs specified in paragraph (c)
of this section.
(b) The indemnification agreement
will be signed by the Chief Counsel and
the publisher.
(c) The FAA will indemnify the pub-
lisher for—
(1) Compensatory damages awarded
by the court against the publisher;
(2) Reasonable costs and fees, includ-
ing reasonable attorney fees at a rate
not to exceed that permitted under the
Equal Access to Justice Act (5 U.S.C.
504), and any postjudgment interest, if
the publisher conducts a good faith de-
fense, or pursues a good faith appeal, at
the request, or with the concurrence, of
the FAA.
(d) Except as otherwise provided in
this section, the FAA will not indem-
nify the publisher for—
(1) Punitive or exemplary damages;
(2) Civil or criminal fines or any
other litigation sanctions;
(3) Postjudgment interest;
(4) Costs;
(5) Attorney fees; or
(6) Other incidental expenses.
(e) The indemnification agreement
must provide that the Government will
be subrogated to all claims or rights of
the publisher, including third-party
claims, cross-claims, and counter-
claims.
§ 15.115
Payment.
After execution of the indemnifica-
tion agreement, the FAA will submit
the agreement to the United States De-
partment of Justice and request pay-
ment, in accordance with the agree-
ment, from the Judgment Fund.
PART 16—RULES OF PRACTICE FOR
FEDERALLY-ASSISTED AIRPORT
ENFORCEMENT PROCEEDINGS
Subpart A—General Provisions
Sec.
16.1
Applicability and description of part.
16.3
Definitions.
16.5
Separation of functions.
Subpart B—General Rules Applicable to
Complaints, Proceedings Initiated by
the FAA, and Appeals
16.11
General processes.
16.13
Filing of documents.
16.15
Service of documents on the parties
and the agency.
16.17
Computation of time.
16.19
Motions.
Subpart C—Special Rules Applicable to
Complaints
16.21
Pre-complaint resolution.
16.23
Pleadings.
16.25
Dismissals.
16.26
Motions to dismiss and motions for
summary judgment.
16.27
Incomplete complaints.
16.29
Investigations.
16.31
Director’s determinations after inves-
tigations.
16.33
Final decisions without hearing.
16.34
Consent orders.
Subpart D—Special Rules Applicable to
Proceedings Initiated by the FAA
16.101
Basis for the initiation of agency ac-
tion.
16.103
Notice of investigation.
16.105
Failure to resolve informally.
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