Federal Aviation Administration, DOT

Section 13.20
the advice. This paragraph does not
apply to any person whose Certificate
of Aircraft Registration is affected by
an order issued under this section.

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(1) Admit the charges and surrender
his or her certificate;
(2) Answer the charges in writing;
(3) Request that an order be issued in
accordance with the notice of proposed
certificate action so that the certificate holder may appeal to the National
Transportation Safety Board, if the
charges concerning a matter under
Title VI of the FA Act;
(4) Request an opportunity to be
heard in an informal conference with
the FAA counsel; or
(5) Request a hearing in accordance
with Subpart D of this part if the
charges concern a matter under Title V
of the FA Act.

[Doc. No. 13-14, 44 FR 63723, Nov. 5, 1979, as
amended by Amdt. 13-15, 45 FR 20773, Mar. 31,
1980; Amdt. 13-19, 54 FR 39290, Sept. 25, 1989;
Amdt. 13-29, 62 FR 46865, Sept. 4, 1997; 75 FR
41979, July 20, 2010]

Section 13.20 Orders of compliance, cease
and desist orders, orders of denial,
and other orders.
(a) This section applies to orders of
compliance, cease and desist orders, orders of denial, and other orders issued
by the Administrator to carry out the
provisions of the Federal Aviation Act
of 1958, as amended, the Hazardous Materials Transportation Act, the Airport
and Airway Development Act of 1970,
and the Airport and Airway Improvement Act of 1982, or the Airport and
Airway Improvement Act of 1982 as
amended by the Airport and Airway
Safety and Capacity Expansion Act of
1987. This section does not apply to orders issued pursuant to section 602 or
section 609 of the Federal Aviation Act
of 1958, as amended.
(b) Unless the Administrator determines that an emergency exists and
safety in air commerce requires the
immediate issuance of an order under
this section, the person subject to the
order shall be provided with notice
prior to issuance.
(c) Within 30 days after service of the
notice, the person subject to the order
may - 
(1) Request an opportunity to be
heard in an informal conference with
an FAA attorney;
(2) Reply in writing; or
(3) Request a hearing in accordance
with subpart D of this part.
(d) If an informal conference is held
or a reply is filed, as to any charges
not withdrawn or not subject to a consent order, the person subject to the
order may, within 10 days after receipt
of notice that the remaining charges
are not withdrawn, request a hearing
in accordance with subpart D of this
part.
(e) Failure to request a hearing within the period provided in paragraphs (c)
or (d) of this section - 

Except as provided in Section 13.35(b), unless
the certificate holder returns the form
and, where required, an answer or motion, with a postmark of not later than
15 days after the date of receipt of the
notice, the order of the Administrator
is issued as proposed. If the certificate
holder has requested an informal conference with the FAA counsel and the
charges concern a matter under Title V
of the FA Act, the holder may after
that conference also request a formal
hearing in writing with a postmark of
not later than 10 days after the close of
the conference. After considering any
information submitted by the certificate holder, the Chief Counsel, the Assistant Chief Counsel for Regulations
and Enforcement, the Regional Counsel
concerned, or the Aeronautical Center
Counsel (as to matters under Title V of
the FA Act) issues the order of the Administrator, except that if the holder
has made a valid request for a formal
hearing on a matter under Title V of
the FA Act initially or after an informal conference, Subpart D of this part
governs further proceedings.
(d) Any person whose certificate is
affected by an order issued under this
section may appeal to the National
Transportation Safety Board. If the
certificate holder files an appeal with
the Board, the Administrator-s order is
stayed unless the Administrator advises the Board that an emergency exists and safety in air commerce requires that the order become effective
immediately. If the Board is so advised,
the order remains effective and the
Board shall finally dispose of the appeal within 60 days after the date of

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