spaschal on DSK3GDR082PROD with CFR

Section 13.21

14 CFR Ch. I (1-1-19 Edition)

(1) Constitutes a waiver of the right
to appeal and the right to a hearing,
and
(2) Authorizes the official who issued
the notice to find the facts to be as alleged in the notice, or as modified as
the official may determine necessary
based on any written response, and to
issue an appropriate order, without further notice or proceedings.
(f) If a hearing is requested in accordance with paragraph (c) or (d) of this
section, the procedure of Subpart D of
this part applies. At the close of the
hearing, the Hearing Officer, on the
record or subsequently in writing, shall
set forth findings and conclusions and
the reasons therefor, and either - 
(1) Dismiss the notice; or
(2) Issue an order.
(g) Any party to the hearing may appeal from the order of the Hearing Officer by filing a notice of appeal with the
Administrator within 20 days after the
date of issuance of the order.
(h) If a notice of appeal is not filed
from the order issued by a Hearing Officer, such order is the final agency
order.
(i) Any person filing an appeal authorized by paragraph (g) of this section shall file an appeal brief with the
Administrator within 40 days after the
date of issuance of the order, and serve
a copy on the other party. A reply brief
must be filed within 20 days after service of the appeal brief and a copy
served on the appellant.
(j) On appeal the Administrator reviews the available record of the proceeding, and issues an order dismissing,
reversing, modifying or affirming the
order. The Administrator-s order includes the reasons for the Administrator-s action.
(k) For good cause shown, requests
for extensions of time to file any document under this section may be granted by - 
(1) The official who issued the order,
if the request is filed prior to the designation of a Hearing Officer; or
(2) The Hearing Officer, if the request
is filed prior to the filing of a notice of
appeal; or
(3) The Administrator, if the request
is filed after the filing of a notice of appeal.

(l) Except in the case of an appeal
from the decision of a Hearing Officer,
the authority of the Administrator
under this section is also exercised by
the Chief Counsel, Deputy Chief Counsel, each Assistant Chief Counsel, each
Regional Counsel, and the Aeronautical Center Counsel (as to matters
under Title V of the Federal Aviation
Act of 1958).
(m) Filing and service of documents
under this section shall be accomplished in accordance with Section 13.43; and
the periods of time specified in this
section shall be computed in accordance with Section 13.44.
[Doc. No. 18884, 44 FR 63723, Nov. 5, 1979, as
amended by Amdt. 13-17, 53 FR 33783, Aug. 31,
1988; Amdt. 13-19, 54 FR 39290, Sept. 25, 1989;
Amdt. 13-29, 62 FR 46865, Sept. 4, 1997; Amdt.
13-36, 79 FR 46967, Aug. 12, 2014]

Section 13.21 Military personnel.
If a report made under this part indicates that, while performing official
duties, a member of the Armed Forces,
or a civilian employee of the Department of Defense who is subject to the
Uniform Code of Military Justice (10
U.S.C. Ch. 47), has violated the Federal
Aviation Act of 1958, or a regulation or
order issued under it, the Chief Counsel, the Assistant Chief Counsel, Enforcement, the Assistant Chief Counsel,
Regulations, the Assistant Chief Counsel, Europe, Africa, and Middle East
Area Office, each Regional Counsel,
and the Aeronautical Center Counsel
send a copy of the report to the appropriate military authority for such disciplinary action as that authority considers appropriate and a report to the
Administrator thereon.
[Doc. No. 18884, 44 FR 63723, Nov. 5, 1979, as
amended by Amdt. 13-19, 54 FR 39290, Sept.
25, 1989; Amdt. 13-29, 62 FR 46866, Sept. 4,
1997]

Section 13.23 Criminal penalties.
(a) Sections 902 and 1203 of the Federal Aviation Act of 1958 (49 U.S.C. 1472
and 1523), provide criminal penalties
for any person who knowingly and willfully violates specified provisions of
that Act, or any regulation or order
issued under those provisions. Section
110(b) of the Hazardous Materials
Transportation Act (49 U.S.C. 1809(b))
provides for a criminal penalty of a

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