102
14 CFR Ch. I (1–1–24 Edition)
§ 16.31
(b) The investigation may include
one or more of the following, at the
sole discretion of the FAA:
(1) A review of the written submis-
sions or pleadings of the parties, as
supplemented by any informal inves-
tigation the FAA considers necessary
and by additional information fur-
nished by the parties at FAA request.
In rendering its initial determination,
the FAA may rely entirely on the com-
plaint and the responsive pleadings
provided under this subpart. Each
party shall file documents that it con-
siders sufficient to present all relevant
facts and argument necessary for the
FAA to determine whether the sponsor
is in compliance.
(2) Obtaining additional oral and doc-
umentary evidence by use of the agen-
cy’s authority to compel production of
such evidence under 49 U.S.C. 40113 and
46104, and 49 U.S.C. 47122. The Adminis-
trator’s statutory authority to issue
compulsory process has been delegated
to the Chief Counsel, the Deputy Chief
Counsel, the Assistant Chief Counsel
for Airports and Environmental Law,
and each Assistant Chief Counsel for a
region or center.
(3) Conducting or requiring that a
sponsor conduct an audit of airport fi-
nancial records and transactions as
provided in 49 U.S.C. 47107 and 47121.
[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as
amended at Amdt. 16–1 78 FR 56145, Sept. 12,
2013]
§ 16.31
Director’s Determinations after
investigations.
(a) After consideration of the plead-
ings and other information obtained by
the FAA after investigation, the Direc-
tor will render an initial determination
and serve it upon each party within 120
days of the date the last pleading speci-
fied in § 16.23 was due.
(b)(1) The Director’s Determination
shall include findings of fact and con-
clusions of law, accompanied by expla-
nations and based upon all material
issues of fact, credibility of the evi-
dence, law and discretion presented on
the record, together with a statement
of the reasons therefor.
(2) The Director shall issue a deter-
mination or rule in a party’s favor only
if the determination or ruling is in ac-
cordance with law and supported by a
preponderance of the reliable, pro-
bative, and substantial evidence con-
tained in the record.
(c) A party adversely affected by the
Director’s Determination may appeal
the initial determination as provided
in § 16.33. However, if the Director’s De-
termination that is appealed contains a
Corrective Action Plan, the Director
has the discretion to suspend the Cor-
rective Action Plan until the appeal is
resolved.
(d) If the Director’s Determination
finds the respondent in noncompliance
and proposes the issuance of a compli-
ance order, the initial determination
will include notice of opportunity for a
hearing under subpart F of this part if
a hearing is required by statute or oth-
erwise provided by the FAA. A hearing
may be required by statute if the FAA
determination would terminate eligi-
bility for grants under 49 U.S.C.
47114(c) or (e), or terminate payments
on a grant agreement under 49 U.S.C.
subchapter 471. The respondent may
elect or waive a hearing, as provided in
subpart E of this part.
(e) The Director will not consider re-
quests for rehearing, reargument, re-
consideration, or modification of a Di-
rector’s Determination without a find-
ing of good cause.
[Amdt. 16–1, 78 FR 56145, Sept. 12, 2013]
§ 16.33
Final decisions without hear-
ing.
(a) The Associate Administrator may
transfer to the FAA Assistant Adminis-
trator for Civil Rights the responsi-
bility to prepare and issue Final Agen-
cy Decisions pursuant to this section
for appeals with issues concerning civil
rights.
(b) The Associate Administrator will
issue a final decision on appeal from
the Director’s Determination, without
a hearing, where—
(1) The complaint is dismissed after
investigation;
(2) A hearing is not required by stat-
ute and is not otherwise made avail-
able by the FAA; or
(3) The FAA provides opportunity for
a hearing to the respondent and the re-
spondent waives the opportunity for a
hearing as provided in subpart E of this
part.
VerDate Sep<11>2014
09:06 Jun 28, 2024
Jkt 262046
PO 00000
Frm 00112
Fmt 8010
Sfmt 8010
Y:\SGML\262046.XXX
262046
jspears on DSK121TN23PROD with CFR
103
Federal Aviation Administration, DOT
§ 16.103
(c) In the cases described in para-
graph (b) of this section, within 30 days
after the date of service of the initial
determination, a party adversely af-
fected by the Director’s Determination
may file in accordance with § 16.13 and
serve in accordance with § 16.15 a simul-
taneous Notice of Appeal and Brief.
(d) A reply to an appeal brief may be
filed within 20 days after the date of
service of the appeal.
(e) On appeal, the Associate Adminis-
trator will consider the issues ad-
dressed in any order on a motion to
dismiss or motion for summary judg-
ment and any issues accepted in the
Director’s Determination using the fol-
lowing analysis:
(1) Are the findings of fact each sup-
ported by a preponderance of reliable,
probative, and substantial evidence
contained in the record?
(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
considered unless accompanied by a pe-
tition and good cause found as to why
the new issue or evidence was not pre-
sented to the Director. Such a petition
must:
(1) Set forth the new matter;
(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 issue or evidence could
not have been discovered in the exer-
cise of due diligence prior to the date
on which the evidentiary record closed.
(g) The Associate Administrator will
issue a final decision and order within
60 days after the due date of the reply.
(h) If no appeal is filed within the
time period specified in paragraph (c)
of this section, the Director’s Deter-
mination becomes the final decision
and order of the FAA without further
action. A Director’s Determination
that becomes final, because there is no
administrative appeal, is not judicially
reviewable.
(i) No requests for rehearing, reargu-
ment, reconsideration, or modification
of a final order will be considered with-
out a finding of good cause.
[Amdt. 16–1, 78 FR 56145, Sept. 12, 2013]
§ 16.34
Consent orders.
(a) The parties may agree at any
time before the issuance of a final
agency decision to dispose of the case
by proposing a consent order. Good
faith efforts to resolve a complaint
through issuance of a consent order
may continue throughout the adminis-
trative process. However, except as
provided in § 16.11(a), such efforts may
not serve as the basis for extensions of
the times set forth in this part.
(b) A proposal for a consent order,
specified in paragraph (a) of this sec-
tion, shall include:
(1) A proposed consent order;
(2) An admission of all jurisdictional
facts; and
(3) An express waiver of the right to
further procedural steps and of all
rights of judicial review.
(c) If the parties agree to dispose of a
case by issuance of a consent order be-
fore the FAA issues a Director’s Deter-
mination, the proposal for a consent
order is submitted jointly by the par-
ties to the Director, together with a re-
quest to adopt the consent order and
dismiss the case. The Director may
issue the consent order as an order of
the FAA and terminate the proceeding.
[Amdt. 16–1, 78 FR 56145, Sept. 12, 2013]
Subpart D—Special Rules Applica-
ble to Proceedings Initiated
by the FAA
§ 16.101
Basis for the initiation of
agency action.
The FAA may initiate its own inves-
tigation of any matter within the ap-
plicability of this part without having
received a complaint. The investiga-
tion may include, without limitation,
any of the actions described in
§ 16.29(b).
§ 16.103
Notice of investigation.
Following the initiation of an inves-
tigation under § 16.101, the FAA sends a
notice to the person(s) subject to inves-
tigation. The notice will set forth the
areas of the agency’s concern and the
reasons therefor; request a response to
VerDate Sep<11>2014
09:06 Jun 28, 2024
Jkt 262046
PO 00000
Frm 00113
Fmt 8010
Sfmt 8010
Y:\SGML\262046.XXX
262046
jspears on DSK121TN23PROD with CFR