48
14 CFR Ch. I (1–1–19 Edition)
§ 13.19
FAA agrees to make no finding of vio-
lation. Under such agreement, a com-
promise order is issued following the
payment of the agreed-on amount or
the signing of a promissory note. The
compromise order states the following:
(i) The individual has paid a civil
penalty or has signed a promissory
note providing for installment pay-
ments;
(ii) The FAA makes no finding of vio-
lation; and
(iii) The compromise order will not
be used as evidence of a prior violation
in any subsequent civil penalty pro-
ceeding or certificate action pro-
ceeding.
(2) An agency attorney may com-
promise the amount of any civil pen-
alty proposed or assessed in an order.
(j)
Payment.
(1) An individual must
pay a civil penalty by:
(i) Sending a certified check or
money order, payable to the Federal
Aviation Administration, to the FAA
office identified in the order of assess-
ment, or
(ii) Making an electronic funds trans-
fer according to the directions speci-
fied in the order of assessment.
(2) The civil penalty must be paid
within 30 days after service of the order
of assessment, unless an appeal is filed
with the National Transportation Safe-
ty Board. The civil penalty must be
paid within 30 days after a final order
of the Board or the Court of Appeals af-
firms the order of assessment in whole
or in part.
(k)
Collection of civil penalties.
If an
individual does not pay a civil penalty
imposed by an order of assessment or
other final order, the Administrator
may take action provided under the
law to collect the penalty.
[Amdt. 13–32; 69 FR 59497, Oct. 4, 2004]
§ 13.19
Certificate action.
(a) Under section 609 of the Federal
Aviation Act of 1958 (49 U.S.C. 1429), the
Administrator may reinspect any civil
aircraft, aircraft engine, propeller, ap-
pliance, air navigation facility, or air
agency, and may re-examine any civil
airman. Under section 501(e) of the FA
Act, any Certificate of Aircraft Reg-
istration may be suspended or revoked
by the Administrator for any cause
that renders the aircraft ineligible for
registration.
(b) If, as a result of such a reinspec-
tion re-examination, or other inves-
tigation made by the Administrator
under section 609 of the FA Act, the
Administrator determines that the
public interest and safety in air com-
merce requires it, the Administrator
may issue an order amending, sus-
pending, or revoking, all or part of any
type certificate, production certificate,
airworthiness certificate, airman cer-
tificate, air carrier operating certifi-
cate, air navigation facility certificate,
or air agency certificate. This author-
ity may be exercised for remedial pur-
poses in cases involving the Hazardous
Materials Transportation Act (49
U.S.C. 1801
et seq.
) or regulations issued
under that Act. This authority is also
exercised by the Chief Counsel, the As-
sistant Chief Counsel, Enforcement,
the Assistant Chief Counsel, Regula-
tions, the Assistant Chief Counsel, Eu-
rope, Africa, and Middle East Area Of-
fice, each Regional Counsel, and the
Aeronautical Center Counsel. If the Ad-
ministrator finds that any aircraft reg-
istered under Part 47 of this chapter is
ineligible for registration, the Admin-
istrator issues an order suspending or
revoking that certificate. This author-
ity as to aircraft found ineligible for
registration is also exercised by each
Regional Counsel, the Aeronautical
Center Counsel, and the Assistant
Chief Counsel, Europe, Africa, and Mid-
dle East Area Office.
(c) Before issuing an order under
paragraph (b) of this section, the Chief
Counsel, the Assistant Chief Counsel,
Enforcement, the Assistant Chief
Counsel, Regulations, the Assistant
Chief Counsel, Europe, Africa, and Mid-
dle East Area Office, each Regional
Counsel, or the Aeronautical Center
Counsel advises the certificate holder
of the charges or other reasons upon
which the Administrator bases the pro-
posed action and, except in an emer-
gency, allows the holder to answer any
charges and to be heard as to why the
certificate should not be amended, sus-
pended, or revoked. The holder may, by
checking the appropriate box on the
form that is sent to the holder with the
notice of proposed certificate action,
elect to—
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