Section 13.208

14 CFR Ch. I (1-1-19 Edition)
allegedly violated by the respondent,
and the proposed civil penalty in sufficient detail to provide notice of any
factual or legal allegation and proposed civil penalty.
(d) Motion to dismiss allegations or complaint. Instead of filing an answer to
the complaint, a respondent may move
to dismiss the complaint, or that part
of the complaint, alleging a violation
that occurred on or after August 2,
1990, and more than 2 years before an
agency attorney issued a notice of proposed civil penalty to the respondent.
(1) An administrative law judge may
not grant the motion and dismiss the
complaint or part of the complaint if
the administrative law judge finds that
the agency has shown good cause for
any delay in issuing the notice of proposed civil penalty.
(2) If the agency fails to show good
cause for any delay, an administrative
law judge may dismiss the complaint,
or that part of the complaint, alleging
a violation that occurred more than 2
years before an agency attorney issued
the notice of proposed civil penalty to
the respondent.
(3) A party may appeal the administrative law judge-s ruling on the motion to dismiss the complaint or any
part of the complaint in accordance
with Section 13.219(b) of this subpart.

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(2) Warranted by existing law or that
a good faith argument exists for extension, modification, or reversal of existing law; and
(3) Not unreasonable or unduly burdensome or expensive, not made to harass any person, not made to cause unnecessary delay, not made to cause
needless increase in the cost of the proceedings, or for any other improper
purpose.
(c) Sanctions. If the attorney of
record, the party, or the party-s representative signs a document in violation of this section, the administrative
law judge or the FAA decisionmaker
shall:
(1) Strike the pleading signed in violation of this section;
(2) Strike the request for discovery or
the discovery response signed in violation of this section and preclude further discovery by the party;
(3) Deny the motion or request signed
in violation of this section;
(4) Exclude the document signed in
violation of this section from the
record;
(5) Dismiss the interlocutory appeal
and preclude further appeal on that
issue by the party who filed the appeal
until an initial decision has been entered on the record; or
(6) Dismiss the appeal of the administrative law judge-s initial decision to
the FAA decisionmaker.

[Amdt. 13-21, 55 FR 27575, July 3, 1990, as
amended by Amdt. 13-22, 55 FR 31176, Aug. 1,
1990]

Section 13.208 Complaint.
(a) Filing. The agency attorney shall
file the original and one copy of the
complaint with the hearing docket
clerk, or may file a written motion
pursuant to Section l3.218(f)(2)(i) of this subpart instead of filing a complaint, not
later than 20 days after receipt by the
agency attorney of a request for hearing. The agency attorney should suggest a location for the hearing when
filing the complaint.
(b) Service. An agency attorney shall
personally deliver or mail a copy of the
complaint on the respondent, the president of the corporation or company
named as a respondent, or a person designated by the respondent to accept
service of documents in the civil penalty action.
(c) Contents. A complaint shall set
forth the facts alleged, any regulation

Section 13.209

Answer.

(a) Writing required. A respondent
shall file a written answer to the complaint, or may file a written motion
pursuant to Section 13.208(d) or Section 13.218(f)(1-4)
of this subpart instead of filing an answer, not later than 30 days after service of the complaint. The answer may
be in the form of a letter but must be
dated and signed by the person responding to the complaint. An answer
may be typewritten or may be legibly
handwritten.
(b) Filing and address. A person filing
an answer shall personally deliver or
mail the original and one copy of the
answer for filing with the hearing
docket clerk, not later than 30 days
after service of the complaint to the

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