Section 13.29

14 CFR Ch. I (1-1-19 Edition)
contains a statement of the charges
and the amount of the proposed civil
penalty. Not later than 30 days after
receipt of the notice of violation, the
person charged with a violation shall:
(1) Submit the amount of the proposed civil penalty or an agreed-upon
amount, in which case either an order
assessing a civil penalty or a compromise order shall be issued in that
amount; or
(2) Submit to the agency attorney
identified in the material accompanying the notice any of the following:
(i) Written information, including
documents and witness statements,
demonstrating that a violation of the
regulations did not occur or that a penalty or the penalty amount is not warranted by the circumstances; or
(ii) A written request to reduce the
proposed civil penalty, the amount of
reduction, and the reasons and any
documents supporting a reduction of
the proposed civil penalty, including
records indicating a financial inability
to pay or records showing that payment of the proposed civil penalty
would prevent the person from continuing in business; or
(iii) A written request for an informal conference to discuss the matter
with an agency attorney and submit
relevant information or documents; or
(3) Request a hearing in which case a
complaint shall be filed with the hearing docket clerk.
(c) Final notice of violation and civil
penalty assessment order. A final notice
of violation and civil penalty assessment order ( - final notice and order - )
may be issued after participation in
any informal proceedings as provided
in paragraph (b)(2) of this section, or
after failure of the respondent to respond in a timely manner to a notice of
violation. A final notice and order will
be sent to the individual charged with
a violation. The final notice and order
will contain a statement of the charges
and the amount of the proposed civil
penalty and, as a result of information
submitted to the agency attorney during any informal procedures, may reflect a modified allegation or proposed
civil penalty.
A final notice and order may be
issued - 

Hearing Officer finds that the allegations of the notice have been proven,
but that no sanction is required, the
Hearing Officer shall make appropriate
findings and issue an order terminating
the notice. If the Hearing Officer finds
that the allegations of the notice have
not been proven, the Hearing Officer
shall issue an order dismissing the notice. If the Hearing Officer finds it to
be equitable and in the public interest,
the Hearing Officer shall issue an order
terminating the proceeding upon payment by the respondent of a civil penalty in an amount agreed upon by the
parties.
(c) If the order is issued in writing, it
shall be served upon the parties.

spaschal on DSK3GDR082PROD with CFR

[Doc. No. 13-14, 44 FR 63723, Nov. 5, 1979, as
amended by Amdt. 13-15, 45 FR 20773, Mar. 31,
1980; Amdt. 13-34, 75 FR 41979, July 20, 2010]

Section 13.29 Civil penalties: Streamlined enforcement procedures for certain
security violations.
This section may be used, at the
agency-s discretion, in enforcement actions involving individuals presenting
dangerous or deadly weapons for
screening at airports or in checked
baggage where the amount of the proposed civil penalty is less than $5,000.
In these cases, sections 13.16(a),
13.16(c), and 13.16 (f) through (l) of this
chapter are used, as well as paragraphs
(a) through (d) of this section:
(a) Delegation of authority. The authority of the Administrator, under 49
U.S.C. 46301, to initiate the assessment
of civil penalties for a violation of 49
U.S.C. Subtitle VII, or a rule, regulation, or order issued thereunder, is delegated to the regional Civil Aviation
Security Division Manager and the regional Civil Aviation Security Deputy
Division Manager for the purpose of
issuing notices of violation in cases involving violations of 49 U.S.C. Subtitle
VII and the FAA-s regulations by individuals presenting dangerous or deadly
weapons for screening at airport checkpoints or in checked baggage. This authority may not be delegated below the
level of the regional Civil Aviation Security Deputy Division Manager.
(b) Notice of violation. A civil penalty
action is initiated by sending a notice
of violation to the person charged with
the violation. The notice of violation

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