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Section 13.7

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

mailed to each person named in the
complaint.
(e) Any complaint filed against a
member of the Armed Forces of the
United States acting in the performance of official duties shall be referred
to the Secretary of the Department
concerned for action in accordance
with the procedures set forth in Section 13.21
of this part.
(f) The person named in the complaint shall file an answer within 20
days after service of a copy of the complaint.
(g) After the complaint has been answered or after the allotted time in
which to file an answer has expired, the
Administrator shall determine if there
are reasonable grounds for investigating the complaint.
(h) If the Administrator determines
that a complaint does not state facts
which warrant an investigation or action, the complaint may be dismissed
without a hearing and the reason for
the dismissal shall be given, in writing,
to the person who filed the complaint
and the person named in the complaint.
(i) If the Administrator determines
that reasonable grounds exist, an informal investigation may be initiated or
an order of investigation may be issued
in accordance with subpart F of this
part, or both. Each person named in
the complaint shall be advised which
official has been delegated the responsibility under Section 13.3(b) or (c) for conducting the investigation.
(j) If the investigation substantiates
the allegations set forth in the complaint, a notice of proposed order may
be issued or other enforcement action
taken in accordance with this part.
(k) The complaint and other pleadings and official FAA records relating
to the disposition of the complaint are
maintained in current docket form in
the Enforcement Docket (AGC-10), Office of the Chief Counsel, Federal Aviation Administration, 800 Independence
Avenue, S.W., Washington, D. C. 20591.
Any interested person may examine
any docketed material at that office,
at any time after the docket is established, except material that is ordered
withheld from the public under applicable law or regulations, and may ob-

tain a photostatic or duplicate copy
upon paying the cost of the copy.
(Secs. 313(a), 314(a), 601 through 610, and 1102
of the Federal Aviation Act of 1958 (49 U.S.C.
1354(a), 1421 through 1430, 1502); sec. 6(c),
Dept. of Transportation Act (49 U.S.C.
1655(c)))
[Doc. No. 13-14, 44 FR 63723, Nov. 5, 1979, as
amended by Amdt. 13-16, 45 FR 35307, May 27,
1980; Amdt. 13-19, 54 FR 39290, Sept. 25, 1989]

Section 13.7

Records, documents and reports.

Each record, document and report
that the Federal Aviation Regulations
require to be maintained, exhibited or
submitted to the Administrator may be
used in any investigation conducted by
the Administrator; and, except to the
extent the use may be specifically limited or prohibited by the section which
imposes the requirement, the records,
documents and reports may be used in
any civil penalty action, certificate action, or other legal proceeding.

Subpart B - Administrative Actions
Section 13.11 Administrative
certain violations.

disposition

(a) If it is determined that a violation or an alleged violation of the Federal Aviation Act of 1958, or an order or
regulation issued under it, or of the
Hazardous Materials Transportation
Act, or an order or regulation issued
under it, does not require legal enforcement action, an appropriate official of
the FAA field office responsible for
processing the enforcement case or
other appropriate FAA official may
take administrative action in disposition of the case.
(b) An administrative action under
this section does not constitute a formal adjudication of the matter, and
may be taken by issuing the alleged violator - 
(1) A  - Warning Notice -  which recites
available facts and information about
the incident or condition and indicates
that it may have been a violation; or
(2) A  - Letter of Correction -  which
confirms the FAA decision in the matter and states the necessary corrective
action the alleged violator has taken
or agrees to take. If the agreed corrective action is not fully completed, legal
enforcement action may be taken.

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