112
14 CFR Ch. I (1–1–24 Edition)
§ 16.247
(2) For those violations that cannot
be remedied through corrective action,
the Director may initiate action to re-
voke and/or deny the respondent’s ap-
plications for Airport Improvement
Program grants issued under 49 U.S.C.
47114(c)–(e) and 47115.
(e) On appeal from a hearing officer’s
initial decision, the Associate Adminis-
trator will consider the following ques-
tions:
(1) Are the findings of fact each sup-
ported by a preponderance of reliable,
probative and substantial evidence?
(2) Are conclusions made in accord-
ance with law, precedent and policy?
(3) Are the questions on appeal sub-
stantial?
(4) Have any prejudicial errors oc-
curred?
(f) Any new issues or evidence pre-
sented in an appeal or reply will not be
allowed unless accompanied by a cer-
tified petition and good cause found as
to why the new matter was not pre-
sented to the Director. Such a petition
must:
(1) Set forth the new issues or evi-
dence;
(2) Contain affidavits of prospective
witnesses, authenticated documents, or
both, or an explanation of why such
substantiation is unavailable; and
(3) Contain a statement explaining
why such new matter could not have
been discovered in the exercise of due
diligence prior to the date on which the
evidentiary record closed.
(g) A Final Agency Decision may be
appealed in accordance with subpart G
of this part.
[Amdt. 16–1, 78 FR 56147, Sept. 12, 2013]
Subpart G—Judicial Review
S
OURCE
: Docket No. 27783, 61 FR 54004, Oct.
16, 1996, unless otherwise noted. Redesig-
nated by Amdt. 16–1, 78 FR 56148, Sept. 12,
2013.
§ 16.247
Judicial review of a final deci-
sion and order.
(a) A person may seek judicial re-
view, in a United States Court of Ap-
peals, 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 re-
view 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 ju-
dicial 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 be-
comes the final decision of the Asso-
ciate Administrator because it was not
appealed within the applicable time pe-
riods provided under §§ 16.33(c) and
16.241(b).
[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996. Re-
designated and amended by Amdt. 16–1, 78 FR
56148, Sept. 12, 2013]
Subpart H—Ex Parte
Communications
S
OURCE
: Docket No. 27783, 61 FR 54004, Oct.
16, 1996, unless otherwise noted. Redesig-
nated at 78 FR 56148, Sept. 12, 2013.
§ 16.301
Prohibited ex parte commu-
nications.
(a) The prohibitions of this section
shall apply from the time a proceeding
is noticed for hearing unless the person
responsible for the communication has
knowledge that it will be noticed, in
which case the prohibitions shall apply
at the time of the acquisition of such
knowledge.
(b) Except to the extent required for
the disposition of ex parte matters as
authorized by law:
(1) No interested person outside the
FAA and no FAA employee partici-
pating as a party shall make or know-
ingly cause to be made to any
decisional employee an ex parte com-
munication relevant to the merits of
the proceeding;
(2) No FAA employee shall make or
knowingly cause to be made to any in-
terested person outside the FAA an ex
parte communication relevant to the
merits of the proceeding; or
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