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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. 

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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 

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