Section 13.232

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

transcript, to prepare and submit the
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Section 13.232

Section 13.233

Appeal from initial decision.

(a) Notice of appeal. A party may appeal the initial decision, and any decision not previously appealed pursuant
to Section 13.219, by filing a notice of appeal
with the FAA decisionmaker. A party
must file the notice of appeal in the
FAA Hearing Docket using the appropriate address listed in Section 13.210(a). A
party shall file the notice of appeal not
later than 10 days after entry of the
oral initial decision on the record or
service of the written initial decision
on the parties and shall serve a copy of
the notice of appeal on each party.
(b) Issues on appeal. In any appeal
from a decision of an administrative
law judge, the FAA decisionmaker considers only the following issues:
(1) Whether each finding of fact is
supported by a preponderance of reliable, probative, and substantial evidence;
(2) Whether each conclusion of law is
made in accordance with applicable
law, precedent, and public policy; and
(3) Whether the administrative law
judge committed any prejudicial errors
that support the appeal.
(c) Perfecting an appeal. Unless otherwise agreed by the parties, a party
shall perfect an appeal, not later than
50 days after entry of the oral initial
decision on the record or service of the
written initial decision on the party,
by filing an appeal brief with the FAA
decisionmaker.
(1) Extension of time by agreement of
the parties. The parties may agree to
extend the time for perfecting the appeal with the consent of the FAA decisionmaker. If the FAA decisionmaker
grants an extension of time to perfect
the appeal, the appellate docket clerk
shall serve a letter confirming the extension of time on each party.
(2) Written motion for extension. If the
parties do not agree to an extension of
time for perfecting an appeal, a party
desiring an extension of time may file
a written motion for an extension with
the FAA decisionmaker and shall serve
a copy of the motion on each party.
The FAA decisionmaker may grant an
extension if good cause for the extension is shown in the motion.

Initial decision.

(a) Contents. The administrative law
judge shall issue an initial decision at
the conclusion of the hearing. In each
oral or written decision, the administrative law judge shall include findings
of fact and conclusions of law, and the
grounds supporting those findings and
conclusions, upon all material issues of
fact, the credibility of witnesses, the
applicable law, any exercise of the administrative law judge-s discretion, the
amount of any civil penalty found appropriate by the administrative law
judge, and a discussion of the basis for
any order issued in the proceedings.
The administrative law judge is not required to provide a written explanation
for rulings on objections, procedural
motions, and other matters not directly relevant to the substance of the
initial decision. If the administrative
law judge refers to any previous unreported or unpublished initial decision,
the administrative law judge shall
make copies of that initial decision
available to all parties and the FAA decisionmaker.
(b) Oral decision. Except as provided
in paragraph (c) of this section, at the
conclusion of the hearing, the administrative law judge shall issue the initial
decision and order orally on the record.
(c) Written decision. The administrative law judge may issue a written initial decision not later than 30 days
after the conclusion of the hearing or
submission of the last posthearing brief
if the administrative law judge finds
that issuing a written initial decision
is reasonable. The administrative law
judge shall serve a copy of any written
initial decision on each party.
(d) Order assessing civil penalty. Unless
appealed pursuant to Section 13.233 of this
subpart, the initial decision issued by
the administrative law judge shall be
considered an order assessing civil penalty if the 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.

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