53
Federal Aviation Administration, DOT
§ 13.35
(1) If the person charged with a viola-
tion fails to respond to the notice of
violation within 30 days after receipt of
that notice; or
(2) If the parties participated in any
informal procedures under paragraph
(b)(2) of this section and the parties
have not agreed to compromise the ac-
tion or the agency attorney has not
agreed to withdraw the notice of viola-
tion.
(d)
Order assessing civil penalty.
An
order assessing civil penalty may be
issued after notice and opportunity for
a hearing. A person charged with a vio-
lation may be subject to an order as-
sessing civil penalty in the following
circumstances:
(1) An order assessing civil penalty
may be issued if a person charged with
a violation submits, or agrees to sub-
mit, the amount of civil penalty pro-
posed in the notice of violation.
(2) An order assessing civil penalty
may be issued if a person charged with
a violation submits, or agrees to sub-
mit, an agreed-upon amount of civil
penalty that is not reflected in either
the notice of violation or the final no-
tice and order.
(3) The final notice and order be-
comes (and contains a statement so in-
dicating) an order assessing a civil pen-
alty when the person charged with a
violation submits the amount of the
proposed civil penalty that is reflected
in the final notice and order.
(4) The final notice and order be-
comes (and contains a statement so in-
dicating) an order assessing a civil pen-
alty 16 days after receipt of the final
notice and order,
unless
not later than
15 days after receipt of the final notice
and order, the person charged with a
violation does one of the following—
(i) Submits an agreed-upon amount
of civil penalty that is not reflected in
the final notice and order, in which
case an order assessing civil penalty or
a compromise order shall be issued in
that amount; or
(ii) Requests a hearing in which case
a complaint shall be filed with the
hearing docket clerk.
(5) Unless an appeal is filed with the
FAA decisionmaker in a timely man-
ner, an initial decision or order of an
administrative law judge shall be con-
sidered an order assessing civil penalty
if an administrative law judge finds
that an alleged violation occurred and
determines that a civil penalty, in an
amount found to be appropriate by the
administrative law judge, is warranted.
(6) Unless a petition for review is
filed with a U.S. Court of Appeals in a
timely manner, a final decision and
order of the Administrator shall be
considered an order assessing civil pen-
alty if the FAA decisionmaker finds
that an alleged violation occurred and
a civil penalty is warranted.
[Doc. No. 27873, 61 FR 44155, Aug. 28, 1996]
Subpart D—Rules of Practice for
FAA Hearings
§ 13.31
Applicability.
This subpart applies to proceedings
in which a hearing has been requested
in accordance with §§ 13.19(c)(5),
13.20(c), 13.20(d), 13.75(a)(2), 13.75(b), or
13.81(e).
[Amdt. 13–18, 53 FR 34655, Sept. 7, 1988]
§ 13.33
Appearances.
Any party to a proceeding under this
subpart may appear and be heard in
person or by attorney.
§ 13.35
Request for hearing.
(a) A request for hearing must be
made in writing and filed in the Hear-
ing Docket.
(1)
If delivery is in person, or by expe-
dited courier service.
A person delivering
the request for hearing in person or
sending the request for hearing by
commercial expedited courier (for ex-
ample, Federal Express or United Par-
cel Service), should use the following
address: Federal Aviation Administra-
tion, 600 Independence Avenue, SW.,
Wilbur Wright Building—Suite 2W1000,
Washington, DC 20591; Attention: Hear-
ing Docket Clerk, AGC–430.
(2)
If delivery is by U.S. Mail:
If the re-
quest for hearing is sent by U.S. Mail,
then it should be addressed as follows:
Federal Aviation Administration, 800
Independence Avenue, SW., Wash-
ington, DC 20591: Attention: Hearing
Docket Clerk, AGC–430, Wilbur Wright
Building—Suite 2W1000.
(b) The request for hearing must de-
scribe the action proposed by the FAA,
and must contain a statement that a
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