Federal Aviation Administration, DOT

Section 13.202
of a party or a person testifying or producing evidence.

or the receipt of an exhibit in accordance with paragraph (a) of this section
will be relevant, competent and material to the investigation, the Presiding
Officer may subpoena the witness or
use the exhibit during the investigation.

Subpart G - Rules of Practice in
FAA Civil Penalty Actions
SOURCE: Amdt. 13-21, 55 FR 27575, July 3,
1990, unless otherwise noted.

Section 13.125 Depositions.
Depositions for investigative purposes may be taken at the discretion of
the Presiding Officer with reasonable
notice to the party under investigation. Such depositions shall be taken
before the Presiding Officer or other
person authorized to administer oaths
and designated by the Presiding Officer. The testimony shall be reduced to
writing by the person taking the deposition, or under the direction of that
person, and where possible shall then
be subscribed by the deponent. Any
person may be compelled to appear and
testify and to produce physical and
documentary evidence.

Section 13.201

[Amdt. 13-21, 55 FR 27575, July 3, 1990, as
amended by Amdt. 13-32; 69 FR 59497, Oct. 4,
2004]

Section 13.202

Section 13.127 Reports, decisions and orders.
The Presiding Officer shall issue a
written report based on the record developed during the formal investigation, including a summary of principal
conclusions. A summary of principal
conclusions shall be prepared by the official who issued the order of investigation in every case which results in no
action, or no action as to a particular
party to the investigation. All such reports shall be furnished to the parties
to the investigation and filed in the
public docket. Insertion of the report
in the Public Docket shall constitute
 - entering of record -  and publication as
prescribed by section 313(b) of the Federal Aviation Act.

Definitions.

Administrative law judge means an administrative law judge appointed pursuant to the provisions of 5 U.S.C. 3105.
Agency attorney means the Deputy
Chief Counsel for Operations, the Assistant Chief Counsel, Enforcement,
the Assistant Chief Counsel, Europe,
Africa, and Middle East Area Office,
each Regional Counsel, the Aeronautical Center Counsel, or the Technical Center Counsel, or an attorney on
the staff of the Assistant Chief Counsel, Enforcement, the Assistant Chief
Counsel, Europe, Africa, and Middle
East Area Office, each Regional Counsel, the Aeronautical Center Counsel,
or the Technical Center Counsel who
prosecutes a civil penalty action. An
agency attorney shall not include:
(1) The Chief Counsel, the Deputy
Chief Counsel for Policy and Adjudication, or the Assistant Chief Counsel for
Litigation;
(2) Any attorney on the staff of the
Assistant Chief Counsel for Litigation;
(3) Any attorney who is supervised in
a civil penalty action by a person who
provides such advice to the FAA decisionmaker in that action or a factually-related action.
Attorney means a person licensed by a
state, the District of Columbia, or a

Section 13.129 Post-investigation action.
A decision on whether to initiate
subsequent action shall be made on the
basis of the record developed during
the formal investigation and any other
information in the possession of the
Administrator.

spaschal on DSK3GDR082PROD with CFR

Applicability.

(a) This subpart applies to all civil
penalty actions initiated under Section 13.16
of this part in which a hearing has been
requested.
(b) This subpart applies only to proceedings initiated after September 7,
1988. All other cases, hearings, or other
proceedings pending or in progress before September 7, 1988, are not affected
by the rules in this subpart.

Section 13.131 Other procedures.
Any question concerning the scope or
conduct of a formal investigation not
covered in this subpart may be ruled on
by the Presiding Officer on motion of
the Presiding Officer, or on the motion

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