99 

Federal Aviation Administration, DOT 

§ 16.23 

(c) 

Answers to motions. Except as oth-

erwise provided in this part, or except 
when a motion is made during a hear-
ing, any party may file an answer in 
support of or in opposition to a motion, 
accompanied by affidavits or other evi-
dence relied upon, provided that the 
answer to the motion is filed within 10 
days after the motion has been served 
upon the person answering, or any 
other period set by the hearing officer. 
Where a motion is made during a hear-
ing, the answer and the ruling thereon 
may be made at the hearing, or orally 
or in writing within the time set by the 
hearing officer. 

(d) 

Deferred actions on motions. A rul-

ing on a motion made before the time 
set for the issuance of the Director’s 
Determination may be deferred to and 
included with the Director’s Deter-
mination. 

(e) 

Extension by motion. A party shall 

file a written motion for an extension 
of time not later than 3 business days 
before the document is due unless good 
cause for the late filing is shown. A 
party filing a motion for extension 
should attempt to obtain the concur-
rence of the opposing party. A party 
filing a written motion for an exten-
sion of time shall file the motion as re-
quired under § 16.13, and serve a copy of 
the motion on all parties and the dock-
et clerk as required under § 16.15. 

[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as 
amended at Amdt. 16–1, 78 FR 56143, Sept. 12, 
2013] 

Subpart C—Special Rules 

Applicable to Complaints 

§ 16.21

Pre-complaint resolution. 

(a) Except for those persons filing 

under 49 CFR 26.105(c), prior to filing a 
complaint under this part, a person di-
rectly and substantially affected by the 
alleged noncompliance shall initiate 
and engage in good faith efforts to re-
solve the disputed matter informally 
with those individuals or entities be-
lieved responsible for the noncompli-
ance. These efforts at informal resolu-
tion may include, without limitation, 
at the parties’ expense, mediation, ar-
bitration, or the use of a dispute reso-
lution board, or other form of third 
party assistance. The FAA Airports 
District Office, FAA Airports Field Of-

fice, FAA Regional Airports Division 
responsible for administering financial 
assistance to the sponsor, or the FAA 
Office of Civil Rights will be available 
upon request to assist the parties with 
informal resolution. 

(b) Except for complaints filed under 

49 CFR 26.105(c), a complaint will be 
dismissed under § 16.27 unless the per-
son or authorized representative filing 
the complaint certifies that: 

(1) The complainant has made sub-

stantial and reasonable good faith ef-
forts to resolve the disputed matter in-
formally prior to filing the complaint; 
and 

(2) There is no reasonable prospect 

for practical and timely resolution of 
the dispute. 

(c) The certification required under 

paragraph (b) of this section, shall in-
clude a brief description of the party’s 
efforts to obtain informal resolution 
but shall not include information on 
monetary or other settlement offers 
made but not agreed upon in writing by 
all parties. Such efforts to resolve in-
formally should be relatively recent 
and be demonstrated by pertinent doc-
umentation. There is no required form 
or process for informal resolution, but 
in each case the requirements to re-
solve the matter informally must meet 
the requirements of this paragraph. 

[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as 
amended at Amdt. 16–1, 78 FR 56143, Sept. 12, 
2013] 

§ 16.23

Pleadings. 

(a) A person directly and substan-

tially affected by any alleged non-
compliance or a person qualified under 
49 CFR 26.105(c) may file a complaint 
under this part. A person doing busi-
ness with an airport and paying fees or 
rentals to the airport shall be consid-
ered 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; 

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14 CFR Ch. I (1–1–24 Edition) 

§ 16.25 

(2) Include all documents then avail-

able in the exercise of reasonable dili-
gence, to be offered in support of the 
complaint, and to be served upon all 
persons named in the complaint as per-
sons responsible for the alleged ac-
tion(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 com-
plainant 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 respond-
ent 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 an-

swer within 20 days of the date of serv-
ice of the FAA notification or, if a mo-
tion 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 accom-
panied 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 doc-
ument is without sufficient knowledge 
or information to admit or deny an al-
legation, and shall assert any affirma-
tive defense. 

(i) The answer, reply, and rebuttal 

shall each contain a concise but com-
plete statement of the facts relied upon 
to substantiate the answers, admis-
sions, 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 sup-
porting documents. 

(k) 

Burden of proof. Except as used in 

subpart F of this part, 

(1) The burden of proof is on the com-

plainant to show noncompliance with 

an Act or any regulation, order, agree-
ment or document of conveyance 
issued under the authority of an Act. 

(2) Except as otherwise provided by 

statute or rule, the proponent of a mo-
tion, request, or order has the burden 
of proof. 

(3) A party who has asserted an af-

firmative defense has the burden of 
proving the affirmative defense. 

(l) Except for good cause shown 

through motion and supporting docu-
ments, discovery is not permitted ex-
cept 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] 

§ 16.25

Dismissals. 

(a) Within 20 days after the receipt of 

the complaint, unless a motion has 
been filed under § 16.26, the Director 
will dismiss a complaint, or any claim 
made in a complaint, with prejudice if: 

(1) It appears on its face to be outside 

the jurisdiction of the Administrator 
under the Acts listed in § 16.1; 

(2) On its face it does not state a 

claim that warrants an investigation 
or further action by the FAA; or 

(3) The complainant lacks standing 

to file a complaint under §§ 16.3 and 
16.23. 

(b) A dismissal under this section 

will include the reasons for the dis-
missal. 

[Amdt. 16–1, 78 FR 56144, Sept. 12, 2013] 

§ 16.26

Motions to dismiss and motions 

for summary judgment. 

(a) In lieu of an answer, the respond-

ent may file a motion to dismiss the 
complaint or a motion for summary 
judgment on the complaint. The re-
spondent may move for dismissal of the 
entire complaint or move for dismissal 
of particular issues from adjudication. 
The motion must be filed within 20 
days after the date of service of the 
FAA notification of docketing. 

(b) 

Motions to dismiss. (1) A motion to 

dismiss shall be accompanied by a con-
cise statement of the reasons for seek-
ing dismissal. The respondent must 
show that the complaint should be dis-
missed, with prejudice, if: 

(i) It appears on its face to be outside 

the jurisdiction of the Administrator 
under the Acts listed in § 16.1; 

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