101
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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