62
14 CFR Ch. I (1–1–19 Edition)
§ 13.203
territory of the United States to prac-
tice law or appear before the courts of
that state or territory.
Complaint
means a document issued
by an agency attorney alleging a viola-
tion of a provision of the Federal avia-
tion statute listed in the first sentence
of 49 U.S.C. 46301(d)(2) or in 49 U.S.C.
47531, or of the Federal hazardous ma-
terials transportation statute, 49
U.S.C. 5121–5128, or a rule, regulation,
or order issued under those statutes,
that has been filed with the Hearing
Docket after a hearing has been re-
quested under § 13.16(f)(3) or (g)(2)(ii) of
this part.
FAA decisionmaker
means the Admin-
istrator of the Federal Aviation Ad-
ministration, acting in the capacity of
the decisionmaker on appeal, or any
person to whom the Administrator has
delegated the Administrator’s decision-
making authority in a civil penalty ac-
tion. As used in this subpart, the FAA
decisionmaker is the official author-
ized to issue a final decision and order
of the Administrator in a civil penalty
action.
includes U.S. certified mail, U.S.
registered mail, or use of an overnight
express courier service.
Order assessing civil penalty
means a
document that contains a finding of a
violation of a provision of the Federal
aviation statute listed in the first sen-
tence of 49 U.S.C. 46301(d)(2) or in 49
U.S.C. 47531, or of the Federal haz-
ardous materials transportation stat-
ute, 49 U.S.C. 5121–5128, or a rule, regu-
lation or order issued under those stat-
utes, and may direct payment of a civil
penalty. Unless an appeal is filed with
the FAA decisionmaker in a timely
manner, an initial decision or order of
an administrative law judge shall be
considered an order assessing civil pen-
alty if an administrative law judge
finds that an alleged violation occurred
and determines that a civil penalty, in
an amount found appropriate by the
administrative law judge, is warranted.
Unless a petition for review is filed
with a U.S. Court of Appeals in a time-
ly manner, a final decision and order of
the Administrator shall be considered
an order assessing civil penalty if the
FAA decisionmaker finds that an al-
leged violation occurred and a civil
penalty is warranted.
Party
means the respondent or the
Federal Aviation Administration
(FAA).
Personal delivery
includes hand-deliv-
ery or use of a contract or express mes-
senger service. ‘‘Personal delivery’’
does not include the use of Government
interoffice mail service.
Pleading
means a complaint, an an-
swer, and any amendment of these doc-
uments permitted under this subpart.
Properly addressed
means a document
that shows an address contained in
agency records, a residential, business,
or other address submitted by a person
on any document provided under this
subpart, or any other address shown by
other reasonable and available means.
Respondent
means a person, corpora-
tion, or company named in a com-
plaint.
[Amdt. 13–21, 55 FR 27575, July 3, 1990, as
amended by Amdt. 13–24, 58 FR 50241, Sept.
24, 1993; Amdt. 13–29, 62 FR 46866, Sept. 4,
1997; 70 FR 8238, Feb. 18, 2005; 71 FR 70464,
Dec. 5, 2006]
§ 13.203
Separation of functions.
(a) Civil penalty proceedings, includ-
ing hearings, shall be prosecuted by an
agency attorney.
(b) An agency employee engaged in
the performance of investigative or
prosecutorial functions in a civil pen-
alty action shall not, in that case or a
factually-related case, participate or
give advice in a decision by the admin-
istrative law judge or by the FAA deci-
sionmaker on appeal, except as counsel
or a witness in the public proceedings.
(c) The Chief Counsel, the Deputy
Chief Counsel for Policy and Adjudica-
tion, and the Assistant Chief Counsel
for Litigation, or an attorney on the
staff of the Assistant Chief Counsel for
Litigation will advise the FAA deci-
sionmaker regarding an initial decision
or any appeal of a civil penalty action
to the FAA decisionmaker.
[Amdt. 13–21, 55 FR 27575, July 3, 1990, as
amended by Amdt. 13–24, 58 FR 50241, Sept.
24, 1993; 70 FR 8238, Feb. 18, 2005]
§ 13.204
Appearances and rights of
parties.
(a) Any party may appear and be
heard in person.
(b) Any party may be accompanied,
represented, or advised by an attorney
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