Code of Federal Regulations

Title 14 - Aeronautics and Space
Volume: 1Date: 2021-01-01Original Date: 2021-01-01Title: Section § 16.23 - Pleadings.Context: Title 14 - Aeronautics and Space. CHAPTER I - FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION. SUBCHAPTER B - PROCEDURAL RULES. PART 16 - RULES OF PRACTICE FOR FEDERALLY-ASSISTED AIRPORT ENFORCEMENT PROCEEDINGS. Subpart C - Special Rules Applicable to Complaints.
§ 16.23 Pleadings. (a) A person directly and substantially affected by any alleged noncompliance or a person qualified under 49 CFR 26.105(c) may file a complaint under this part. A person doing business with an airport and paying fees or rentals to the airport shall be considered directly and substantially affected by alleged revenue diversion as defined in 49 U.S.C. 47107(b). (b) Complaints filed under this part shall— (1) State the name and address of each person who is the subject of the complaint and, with respect to each person, the specific provisions of each Act that the complainant believes were violated; (2) Include all documents then available in the exercise of reasonable diligence, to be offered in support of the complaint, and to be served upon all persons named in the complaint as persons responsible for the alleged action(s) or omission(s) upon which the complaint is based; (3) Provide a concise but complete statement of the facts relied upon to substantiate each allegation; and (4) Except for complaints filed under 49 CFR 26.105(c), describe how the complainant was directly and substantially affected by the things done or omitted to be done by the respondents. (c) Unless the complaint is dismissed pursuant to § 16.25 or § 16.27, the FAA notifies the complainant and respondent in writing within 20 days after the date the FAA receives the complaint that the complaint has been docketed. (d) The respondent shall file an answer within 20 days of the date of service of the FAA notification or, if a motion is filed under § 16.26, within 20 days of the date of service of an FAA order denying all or part of that motion. (e) The complainant may file a reply within 10 days of the date of service of the answer. (f) The respondent may file a rebuttal within 10 days of the date of service of the complainant's reply. (g) The answer, reply, and rebuttal shall, like the complaint, be accompanied by supporting documentation upon which the parties rely. (h) The answer shall deny or admit the allegations made in the complaint or state that the person filing the document is without sufficient knowledge or information to admit or deny an allegation, and shall assert any affirmative defense. (i) The answer, reply, and rebuttal shall each contain a concise but complete statement of the facts relied upon to substantiate the answers, admissions, denials, or averments made. (j) Amendments or supplements to the pleadings described in this section will not be allowed without showing good cause through a motion and supporting documents. (k) Burden of proof. Except as used in subpart F of this part, (1) The burden of proof is on the complainant to show noncompliance with an Act or any regulation, order, agreement or document of conveyance issued under the authority of an Act. (2) Except as otherwise provided by statute or rule, the proponent of a motion, request, or order has the burden of proof. (3) A party who has asserted an affirmative defense has the burden of proving the affirmative defense. (l) Except for good cause shown through motion and supporting documents, discovery is not permitted except as provided in §§ 16.213 and 16.215. [Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as amended at Amdt. 16-1, 78 FR 56143, Sept. 12, 2013]