57 

Federal Aviation Administration, DOT 

§ 13.81 

§ 13.73

Notice of proposed order of 

compliance. 

A compliance order proceeding com-

mences when the Chief Counsel, the As-
sistant Chief Counsel, Enforcement, 
the Assistant Chief Counsel, Europe, 
Africa, and Middle East Area Office, or 
a Regional Counsel sends the alleged 
violator a notice of proposed order of 
compliance advising the alleged viola-
tor of the charges and setting forth the 
remedial action sought in the form of a 
proposed order of compliance. 

[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] 

§ 13.75

Reply or request for hearing. 

(a) Within 30 days after service upon 

the alleged violator of a notice of pro-
posed order of compliance, the alleged 
violator may— 

(1) File a reply in writing with the of-

ficial who issued the notice; or 

(2) Request a hearing in accordance 

with subpart D of this part. 

(b) If a reply is filed, as to any 

charges not dismissed or not subject to 
a consent order of compliance, the al-
leged violator may, within 10 days 
after receipt of notice that the remain-
ing charges are not dismissed, request 
a hearing in accordance with subpart D 
of this part. 

(c) Failure of the alleged violator to 

file a reply or request a hearing within 
the period provided in paragraph (a) or 
(b) of this section— 

(1) Constitutes a waiver of the right 

to a hearing and the right to an appeal, 
and 

(2) Authorizes the official who issued 

the notice to find the facts to be as al-
leged in the notice and to issue an ap-
propriate order directing compliance, 
without further notice or proceedings. 

§ 13.77

Consent order of compliance. 

(a) At any time before the issuance of 

an order of compliance, the official 
who issued the notice and the alleged 
violator may agree to dispose of the 
case by the issuance of a consent order 
of compliance by the official. 

(b) A proposal for a consent order 

submitted to the official who issued 
the notice under this section must in-
clude— 

(1) A proposed order of compliance; 
(2) An admission of all jurisdictional 

facts; 

(3) An express waiver of right to fur-

ther procedural steps and of all rights 
to judicial review; 

(4) An incorporation by reference of 

the notice and an acknowledgement 
that the notice may be used to con-
strue the terms of the order of compli-
ance; and 

(5) If the issuance of a consent order 

has been agreed upon after the filing of 
a request for hearing in accordance 
with subpart D of this part, the pro-
posal for a consent order shall include 
a request to be filed with the Hearing 
Officer withdrawing the request for a 
hearing and requesting that the case be 
dismissed. 

§ 13.79

Hearing. 

If an alleged violator requests a hear-

ing in accordance with § 13.75, the pro-
cedure of subpart D of this part applies. 
At the close of the hearing, the Hear-
ing Officer, on the record or subse-
quently in writing, sets forth the Hear-
ing Officer’s findings and conclusion 
and the reasons therefor, and either— 

(a) Dismisses the notice of proposed 

order of compliance; or 

(b) Issues an order of compliance. 

§ 13.81

Order of immediate compli-

ance. 

(a) Notwithstanding §§ 13.73 through 

13.79, the Chief Counsel, the Assistant 
Chief Counsel, Enforcement, the As-
sistant Chief Counsel, Europe, Africa, 
and Middle East Area Office, or a Re-
gional Counsel may issue an order of 
immediate compliance, which is effec-
tive upon issuance, if the person who 
issues the order finds that— 

(1) There is strong probability that a 

violation is occurring or is about to 
occur; 

(2) The violation poses a substantial 

risk to health or to safety of life or 
property; and 

(3) The public interest requires the 

avoidance or amelioration of that risk 
through immediate compliance and 
waiver of the procedures afforded under 
§§ 13.73 through 13.79. 

(b) An order of immediate compli-

ance is served promptly upon the per-
son against whom the order is issued 

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