spaschal on DSK3GDR082PROD with CFR

Federal Aviation Administration, DOT

Section 13.35

(1) If the person charged with a violation 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 action or the agency attorney has not
agreed to withdraw the notice of violation.
(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 violation may be subject to an order assessing 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 submit, the amount of civil penalty proposed 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 submit, an agreed-upon amount of civil
penalty that is not reflected in either
the notice of violation or the final notice and order.
(3) The final notice and order becomes (and contains a statement so indicating) an order assessing a civil penalty 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 becomes (and contains a statement so indicating) an order assessing a civil penalty 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 manner, an initial decision or order of an
administrative law judge shall be considered 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 penalty 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
Section 13.31 Applicability.
This subpart applies to proceedings
in which a hearing has been requested
in
accordance
with
SectionSection 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]

Section 13.33 Appearances.
Any party to a proceeding under this
subpart may appear and be heard in
person or by attorney.
Section 13.35 Request for hearing.
(a) A request for hearing must be
made in writing and filed in the Hearing Docket.
(1) If delivery is in person, or by expedited courier service. A person delivering
the request for hearing in person or
sending the request for hearing by
commercial expedited courier (for example, Federal Express or United Parcel Service), should use the following
address: Federal Aviation Administration, 600 Independence Avenue, SW.,
Wilbur Wright Building - Suite 2W1000,
Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.
(2) If delivery is by U.S. Mail: If the request for hearing is sent by U.S. Mail,
then it should be addressed as follows:
Federal Aviation Administration, 800
Independence Avenue, SW., Washington, DC 20591: Attention: Hearing
Docket Clerk, AGC-430, Wilbur Wright
Building - Suite 2W1000.
(b) The request for hearing must describe the action proposed by the FAA,
and must contain a statement that a

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