Federal Aviation Administration, DOT

Section 13.81
(1) A proposed order of compliance;
(2) An admission of all jurisdictional
facts;
(3) An express waiver of right to further 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 construe the terms of the order of compliance; 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 proposal 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.

Section 13.73 Notice of proposed order of
compliance.
A compliance order proceeding commences when the Chief Counsel, the Assistant 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 violator 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]

spaschal on DSK3GDR082PROD with CFR

Section 13.75 Reply or request for hearing.
(a) Within 30 days after service upon
the alleged violator of a notice of proposed order of compliance, the alleged
violator may - 
(1) File a reply in writing with the official 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 alleged violator may, within 10 days
after receipt of notice that the remaining 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 alleged in the notice and to issue an appropriate order directing compliance,
without further notice or proceedings.

Section 13.79 Hearing.
If an alleged violator requests a hearing in accordance with Section 13.75, 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, sets forth the Hearing 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.
Section 13.81 Order of immediate compliance.
(a) Notwithstanding SectionSection 13.73 through
13.79, the Chief Counsel, the Assistant
Chief Counsel, Enforcement, the Assistant Chief Counsel, Europe, Africa,
and Middle East Area Office, or a Regional Counsel may issue an order of
immediate compliance, which is effective 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
SectionSection 13.73 through 13.79.
(b) An order of immediate compliance is served promptly upon the person against whom the order is issued

Section 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 include - 

57

VerDate Sep<11>2014

12:50 Apr 30, 2019

Jkt 247046

PO 00000

Frm 00067

Fmt 8010

Sfmt 8010

Y:\SGML\247046.XXX

247046