58 

14 CFR Ch. I (1–1–19 Edition) 

§ 13.83 

by telephone or telegram, and a writ-
ten statement of the relevant facts and 
the legal basis for the order, including 
the findings required by paragraph (a) 
of this section, is served promptly by 
personal service or by mail. 

(c) The official who issued the order 

of immediate compliance may rescind 
or suspend the order if it appears that 
the criteria set forth in paragraph (a) 
of this section are no longer satisfied, 
and, when appropriate, may issue a no-
tice of proposed order of compliance 
under § 13.73 in lieu thereof. 

(d) If at any time in the course of a 

proceeding commenced in accordance 
with § 13.73 the criteria set forth in 
paragraph (a) of this section are satis-
fied, the official who issued the notice 
may issue an order of immediate com-
pliance, even if the period for filing a 
reply or requesting a hearing specified 
in § 13.75 has not expired. 

(e) Within three days after receipt of 

service of an order of immediate com-
pliance, the alleged violator may re-
quest a hearing in accordance with 
Subpart D of this part and the proce-
dure in that subpart will apply except 
that— 

(1) The case will be heard within fif-

teen days after the date of the order of 
immediate compliance unless the al-
leged violator requests a later date; 

(2) The order will serve as the com-

plaint; and 

(3) The Hearing Officer shall issue his 

decision and order dismissing, revers-
ing, modifying, or affirming the order 
of immediate compliance on the record 
at the close of the hearing. 

(f) The filing of a request for hearing 

in accordance with paragraph (e) of 
this section does not stay the effective-
ness of an order of immediate compli-
ance. 

(g) At any time after an order of im-

mediate compliance has become effec-
tive, the official who issued the order 
may request the United States Attor-
ney General, or the delegate of the At-
torney General, to bring an action for 
appropriate relief in accordance with 
§ 13.25. 

[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] 

§ 13.83

Appeal. 

(a) Any party to the hearing may ap-

peal from the order of the Hearing Offi-
cer by filing a notice of appeal with the 
Administrator within 20 days after the 
date of issuance of the order. 

(b) Any person against whom an 

order of immediate compliance has 
been issued in accordance with § 13.81 
or the official who issued the order of 
immediate compliance may appeal 
from the order of the Hearing Officer 
by filing a notice of appeal with the 
Administrator within three days after 
the date of issuance of the order by the 
Hearing Officer. 

(c) Unless the Administrator ex-

pressly so provides, the filing of a no-
tice of appeal does not stay the effec-
tiveness of an order of immediate com-
pliance. 

(d) If a notice of appeal is not filed 

from the order of compliance issued by 
a Hearing Officer, such order is the 
final agency order of compliance. 

(e) Any person filing an appeal au-

thorized by paragraph (a) of this sec-
tion shall file an appeal brief with the 
Administrator within 40 days after the 
date of the issuance of the order, and 
serve a copy on the other party. Any 
reply brief must be filed within 20 days 
after service of the appeal brief. A copy 
of the reply brief must be served on the 
appellant. 

(f) Any person filing an appeal au-

thorized by paragraph (b) of this sec-
tion shall file an appeal brief with the 
Administrator with the notice of ap-
peal and serve a copy on the other 
party. Any reply brief must be filed 
within 3 days after receipt of the ap-
peal brief. A copy of the reply brief 
must be served on the appellant. 

(g) On appeal the Administrator re-

views the available record of the pro-
ceeding, and issues an order dismissing, 
reversing, modifying or affirming the 
order of compliance or the order of im-
mediate compliance. The Administra-
tor’s order includes the reasons for the 
action. 

(h) In cases involving an order of im-

mediate compliance, the Administra-
tor’s order on appeal is issued within 
ten days after the filing of the notice of 
appeal. 

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