100
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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Federal Aviation Administration, DOT
§ 16.29
(ii) On its face it does not state a
claim that warrants an investigation
or further action by the FAA; or
(iii) The complainant lacks standing
to file a complaint under §§ 16.3 and
16.23.
(2) A motion to dismiss may seek dis-
missal of the entire complaint or the
dismissal of specified claims in the
complaint. A motion to dismiss shall
be accompanied by a supporting memo-
randum of points and authorities.
(3) A complainant may file an answer
to the motion to dismiss within 10 days
of the date the motion is served on the
complainant, or within any other pe-
riod set by the Director. The answer
shall be accompanied by a concise
statement of reasons for opposing dis-
missal, and may be accompanied by af-
fidavits and other documentary evi-
dence in support of that contention.
(4) Within 30 days of the date an an-
swer to a motion to dismiss is due
under this section, the Director may
issue an order disposing of the motion.
If the Director denies the motion to
dismiss in whole or in part, or grants
the motion in part, then within 20 days
of when the order is served on the re-
spondent, the respondent shall file an
answer to the complaint.
(5) If the Director does not act on the
motion to dismiss within 30 days of the
date an answer to a motion is due
under this section, the respondent shall
file an answer to the complaint within
the next 20 days.
(c)
Motions for summary judgment. (1)
A motion for summary judgment may
be based upon the ground that there is
no genuine issue of material fact for
adjudication and that the complaint,
when viewed in the light most favor-
able to the complainant, should be
summarily adjudicated in favor of the
respondent as a matter of law. A mo-
tion for summary judgment may seek
dismissal of the entire complaint or
dismissal of specified claims or issues
in the complaint.
(2) The motion for summary judg-
ment shall be accompanied by a con-
cise statement of the material facts as
to which the respondent contends there
is no genuine issue of material fact.
The motion may include affidavits and
documentary evidence in support of the
contention that there is no genuine
issue of material fact in dispute.
(3) A complainant may file an answer
to the motion for summary judgment
within 10 days of the date the motion is
served on the complainant, or within
any other period set by the Director.
The answer shall be accompanied by a
concise statement of the material facts
as to which the complainant contends
there is a genuine issue, and may be ac-
companied by affidavits and other doc-
umentary evidence in support of that
contention.
(4) Within 30 days of the date an an-
swer to a motion for summary judg-
ment is due under this section, the Di-
rector may issue an order disposing of
the motion. If the Director denies the
motion in whole or in part, or grants
the motion in part, then within 20 days
of when the order is served on the re-
spondent, the respondent shall file an
answer to the complaint.
(5) If the Director does not act on the
motion for summary judgment within
30 days of the date an answer to a mo-
tion is due under this section, the re-
spondent shall file an answer to the
complaint within the next 20 days.
[Amdt. 16–1, 78 FR 56144, Sept. 12, 2013]
§ 16.27
Incomplete complaints.
(a) If a complaint is not dismissed
pursuant to § 16.25, but is deficient as to
one or more of the requirements set
forth in § 16.21 or § 16.23(b), the Director
will dismiss the complaint within 20
days after receiving it. Dismissal will
be without prejudice to the refiling of
the complaint after amendment to cor-
rect the deficiencies. The Director’s
dismissal will include the reasons for
the dismissal.
(b) Dismissals under this section are
not initial determinations, and appeals
from decisions under this section will
not be permitted.
[Amdt. 16–1, 78 FR 56144, Sept. 12, 2013]
§ 16.29
Investigations.
(a) If, based on the pleadings, there
appears to be a reasonable basis for fur-
ther investigation, the FAA inves-
tigates the subject matter of the com-
plaint.
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