Title 14 - Aeronautics and Space
Volume: 1Date: 2023-01-01Original Date: 2023-01-01Title: Section 16.247 - Judicial review of a final decision and order.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 G - Judicial Review.
§ 16.247
Judicial review of a final decision and order.
(a) A person may seek judicial review, in a United States Court of Appeals, of a final decision and order of the Associate Administrator, and of an order of dismissal with prejudice issued by the Director, as provided in 49 U.S.C. 46110 or 49 U.S.C. 47106(d) and 47111(d). A party seeking judicial review shall file a petition for review with the Court not later than 60 days after the order has been served on the party or within 60 days after the entry of an order under 49 U.S.C. 46110.
(b) The following do not constitute final decisions and orders subject to judicial review:
(1) An FAA decision to dismiss a complaint without prejudice, as set forth in § 16.27;
(2) A Director's Determination;
(3) An initial decision issued by a hearing officer at the conclusion of a hearing;
(4) A Director's Determination or an initial decision of a hearing officer becomes the final decision of the Associate Administrator because it was not appealed within the applicable time periods provided under §§ 16.33(c) and 16.241(b).
[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996. Redesignated and amended by Amdt. 16–1, 78 FR 56148, Sept. 12, 2013]