spaschal on DSK3GDR082PROD with CFR

Section 13.203

14 CFR Ch. I (1-1-19 Edition)
Party means the respondent or the
Federal
Aviation
Administration
(FAA).
Personal delivery includes hand-delivery or use of a contract or express messenger service.  - Personal delivery - 
does not include the use of Government
interoffice mail service.
Pleading means a complaint, an answer, and any amendment of these documents 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, corporation, or company named in a complaint.

territory of the United States to practice law or appear before the courts of
that state or territory.
Complaint means a document issued
by an agency attorney alleging a violation of a provision of the Federal aviation 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 materials
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 requested under Section 13.16(f)(3) or (g)(2)(ii) of
this part.
FAA decisionmaker means the Administrator of the Federal Aviation Administration, acting in the capacity of
the decisionmaker on appeal, or any
person to whom the Administrator has
delegated the Administrator-s decisionmaking authority in a civil penalty action. As used in this subpart, the FAA
decisionmaker is the official authorized to issue a final decision and order
of the Administrator in a civil penalty
action.
Mail 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 sentence of 49 U.S.C. 46301(d)(2) or in 49
U.S.C. 47531, or of the Federal hazardous materials transportation statute, 49 U.S.C. 5121-5128, or a rule, regulation or order issued under those statutes, 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 penalty 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 timely manner, a final decision and order of
the Administrator shall be considered
an order assessing civil penalty if the
FAA decisionmaker finds that an alleged violation occurred and a civil
penalty is warranted.

[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]

Section 13.203 Separation of functions.
(a) Civil penalty proceedings, including hearings, shall be prosecuted by an
agency attorney.
(b) An agency employee engaged in
the performance of investigative or
prosecutorial functions in a civil penalty action shall not, in that case or a
factually-related case, participate or
give advice in a decision by the administrative law judge or by the FAA decisionmaker on appeal, except as counsel
or a witness in the public proceedings.
(c) The Chief Counsel, the Deputy
Chief Counsel for Policy and Adjudication, and the Assistant Chief Counsel
for Litigation, or an attorney on the
staff of the Assistant Chief Counsel for
Litigation will advise the FAA decisionmaker 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]

Section 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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