Section 13.234

14 CFR Ch. I (1-1-19 Edition)
that has not been appealed by any
party to the FAA decisionmaker.
(b) Form and number of copies. A party
shall file a petition to reconsider or
modify, in writing, with the FAA decisionmaker. The party shall file the
original petition with the FAA decisionmaker and shall serve a copy of the
petition on each party.
(c) Contents. A party shall state briefly and specifically the alleged errors in
the final decision and order on appeal,
the relief sought by the party, and the
grounds that support, the petition to
reconsider or modify.
(1) If the petition is based, in whole
or in part, on allegations regarding the
consequences of the FAA decisionmaker-s decision, the party shall describe these allegations and shall describe, and support, the basis for the
allegations.
(2) If the petition is based, in whole
or in part, on new material not previously raised in the proceedings, the
party shall set forth the new material
and include affidavits of prospective
witnesses and authenticated documents that would be introduced in support of the new material. The party
shall explain, in detail, why the new
material was not discovered through
due diligence prior to the hearing.
(d) Repetitious and frivolous petitions.
The FAA decisionmaker will not consider repetitious or frivolous petitions.
The FAA decisionmaker may summarily dismiss repetitious or frivolous
petitions to reconsider or modify.
(e) Reply petitions. Any other party
may reply to a petition to reconsider
or modify, not later than 10 days after
service of the petition on that party,
by filing a reply with the FAA decisionmaker. A party shall serve a copy
of the reply on each party.
(f) Effect of filing petition. Unless otherwise ordered by the FAA decisionmaker, filing of a petition pursuant to
this section will not stay or delay the
effective date of the FAA decisionmaker-s final decision and order on appeal and shall not toll the time allowed
for judicial review.
(g) FAA decisionmaker-s decision on petition. The FAA decisionmaker has sole
discretion to grant or deny a petition
to reconsider or modify. The FAA decisionmaker will grant or deny a petition

before making a decision on appeal. If
an issue raised by the FAA decisionmaker requires the consideration of additional testimony or evidence, the
FAA decisionmaker will remand the
case to the administrative law judge
for further proceedings and an initial
decision related to that issue. If an
issue raised by the FAA decisionmaker
is solely an issue of law or the issue
was addressed at the hearing but was
not raised by a party in the briefs on
appeal, a remand of the case to the administrative law judge for further proceedings is not required but may be
provided in the discretion of the FAA
decisionmaker.
(2) The FAA decisionmaker will issue
the final decision and order of the Administrator on appeal in writing and
will serve a copy of the decision and
order on each party. Unless a petition
for review is filed pursuant to Section 13.235, 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.
(3) A final decision and order of the
Administrator after appeal is precedent
in any other civil penalty action. Any
issue, finding or conclusion, order, ruling, or initial decision of an administrative law judge that has not been appealed to the FAA decisionmaker is
not precedent in any other civil penalty action.

spaschal on DSK3GDR082PROD with CFR

[Amdt. 13-21, 55 FR 27575, July 3, 1990, as
amended by Amdt. 13-32; 69 FR 59498, Oct. 4,
2004; 70 FR 13345, Mar. 21, 2005]

Section 13.234 Petition to reconsider or modify a final decision and order of the
FAA decisionmaker on appeal.
(a) General. Any party may petition
the FAA decisionmaker to reconsider
or modify a final decision and order
issued by the FAA decisionmaker on
appeal from an initial decision. A party
shall file a petition to reconsider or
modify with the FAA decisionmaker
not later than 30 days after service of
the FAA decisionmaker-s final decision
and order on appeal and shall serve a
copy of the petition on each party. The
FAA decisionmaker will not reconsider
or modify an initial decision and order
issued by an administrative law judge

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