Section 13.83

14 CFR Ch. I (1-1-19 Edition)

spaschal on DSK3GDR082PROD with CFR

by telephone or telegram, and a written 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 notice of proposed order of compliance
under Section 13.73 in lieu thereof.
(d) If at any time in the course of a
proceeding commenced in accordance
with Section 13.73 the criteria set forth in
paragraph (a) of this section are satisfied, the official who issued the notice
may issue an order of immediate compliance, even if the period for filing a
reply or requesting a hearing specified
in Section 13.75 has not expired.
(e) Within three days after receipt of
service of an order of immediate compliance, the alleged violator may request a hearing in accordance with
Subpart D of this part and the procedure in that subpart will apply except
that - 
(1) The case will be heard within fifteen days after the date of the order of
immediate compliance unless the alleged violator requests a later date;
(2) The order will serve as the complaint; and
(3) The Hearing Officer shall issue his
decision and order dismissing, reversing, 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 effectiveness of an order of immediate compliance.
(g) At any time after an order of immediate compliance has become effective, the official who issued the order
may request the United States Attorney General, or the delegate of the Attorney General, to bring an action for
appropriate relief in accordance with
Section 13.25.

Section 13.83

Appeal.

(a) Any party to the hearing may appeal from the order of the Hearing Officer 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 Section 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 expressly so provides, the filing of a notice of appeal does not stay the effectiveness of an order of immediate compliance.
(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 authorized by paragraph (a) of this section 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 authorized by paragraph (b) of this section shall file an appeal brief with the
Administrator with the notice of appeal and serve a copy on the other
party. Any reply brief must be filed
within 3 days after receipt of the appeal brief. A copy of the reply brief
must be served on the appellant.
(g) On appeal the Administrator reviews the available record of the proceeding, and issues an order dismissing,
reversing, modifying or affirming the
order of compliance or the order of immediate compliance. The Administrator-s order includes the reasons for the
action.
(h) In cases involving an order of immediate compliance, the Administrator-s order on appeal is issued within
ten days after the filing of the notice of
appeal.

[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]

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