96
14 CFR Ch. I (1–1–24 Edition)
§ 16.11
Subpart B—General Rules Appli-
cable to Complaints, Pro-
ceedings Initiated by the FAA,
and Appeals
§ 16.11
General processes.
(a) Under the authority of 49 U.S.C.
40113 and 47121, the Director may con-
duct investigations, issue orders, and
take such other actions as are nec-
essary to fulfill the purposes of this
part. This includes the extension of
any time period prescribed, where nec-
essary or appropriate for a fair and
complete consideration of matters be-
fore the agency, prior to issuance of
the Director’s Determination.
(b) Notwithstanding any other provi-
sion of this part, upon finding that cir-
cumstances require expedited handling
of a particular case or controversy, the
Director may issue an order directing
any of the following prior to the
issuance of the Director’s Determina-
tion:
(1) Shortening the time period for
any action under this part consistent
with due process;
(2) If other adequate opportunity to
respond to pleadings is available,
eliminating the reply, rebuttal, or
other actions prescribed by this part;
(3) Designating alternative methods
of service; or
(4) Directing such other measures as
may be required.
(c) Other than those matters con-
cerning a Corrective Action Plan, the
jurisdiction of the Director terminates
upon the issuance of the Director’s De-
termination. All matters arising dur-
ing the appeal period, such as requests
for extension of time to make an ap-
peal, will be addressed by the Associate
Administrator.
(d) The Director may transfer to the
FAA Deputy Assistant Administrator
for Civil Rights or Office of Civil
Rights designee the authority to pre-
pare and issue Director’s Determina-
tions pursuant to § 16.31 for complaints
alleging violations of section 505(d) of
the Airport and Airway Improvement
Act of 1982, and the requirements con-
cerning civil rights and/or Disadvan-
taged Business Enterprise (DBE) issues
contained in 49 U.S.C. 47107(e) and 49
U.S.C. 47113; 49 U.S.C. 47123; 49 U.S.C.
322, as amended; 49 CFR parts 23 and/or
26; and/or grant assurance 30 and/or
grant assurance 37.
[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as
amended at Amdt. 16–1, 78 FR 56142, Sept. 12,
2013]
§ 16.13
Filing of documents.
Except as otherwise provided in this
part, documents shall be filed with the
FAA during a proceeding under this
part as follows:
(a)
Filing address. Documents filed
under this Part shall be filed with the
Office of the Chief Counsel, Attention:
FAA Part 16 Docket Clerk, AGC–600,
Federal Aviation Administration, 800
Independence Avenue SW., Washington,
DC 20591. Documents to be filed with a
hearing officer shall be filed at the ad-
dress and in the manner stated in the
hearing order.
(b)
Date and method of filing. Filing of
any document shall be by personal de-
livery or mail as defined in this part,
by facsimile (when confirmed by filing
on the same date by one of the fore-
going methods), or electronically as set
forth in paragraph (h) of this section.
Unless the date is shown to be inac-
curate, documents filed with the FAA
shall be deemed to be filed on the date
of personal delivery, on the mailing
date shown on the certificate of serv-
ice, on the date shown on the postmark
if there is no certificate of service, on
the send date shown on the facsimile
(provided filing has been confirmed
through one of the foregoing methods),
or on the mailing date shown by other
evidence if there is no certificate of
service and no postmark. Unless the
date is shown to be inaccurate, docu-
ments filed electronically shall be
deemed to be filed on the date shown
on the certificate of service or, if none,
the date of electronic transmission to
the last party required to be served.
(c)
Number of copies. With the excep-
tion of electronic filing or unless oth-
erwise specified, an executed original
and three copies of each document
shall be filed with the FAA Part 16
Docket Clerk. One of the three copies
shall not be stapled, bound or hole-
punched. Copies need not be signed, but
the name of the person signing the
original shall be shown. If a hearing
order has been issued in the case, one
of the three copies shall be filed with
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