spaschal on DSK3GDR082PROD with CFR

Section 13.16

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

sending a notice of proposed civil penalty to the person charged with a violation or to the agent for services for the
person under 49 U.S.C. 46103. A notice
of proposed civil penalty will be sent to
the individual charged with a violation
or to the president of the corporation
or company charged with a violation.
In response to a notice of proposed civil
penalty, a corporation or company may
designate in writing another person to
receive documents in that civil penalty
action. The notice of proposed civil
penalty contains a statement of the
charges and the amount of the proposed civil penalty. Not later than 30
days after receipt of the notice of proposed civil penalty, the person charged
with a violation shall - 
(1) Submit the amount of the proposed civil penalty or an agreed-upon
amount, in which case either an order
assessing civil penalty or compromise
order shall be issued in that amount;
(2) Submit to the agency attorney
one of the following:
(i) Written information, including
documents and witness statements,
demonstrating that a violation of the
regulations did not occur or that a penalty or the amount of the penalty is
not warranted by the circumstances.
(ii) A written request to reduce the
proposed civil penalty, the amount of
reduction, and the reasons and any
documents supporting a reduction of
the proposed civil penalty, including
records indicating a financial inability
to pay or records showing that payment of the proposed civil penalty
would prevent the person from continuing in business.
(iii) A written request for an informal conference to discuss the matter
with the agency attorney and to submit relevant information or documents; or
(3) Request a hearing, in which case a
complaint shall be filed with the hearing docket clerk.
(g) Final notice of proposed civil penalty. A final notice of proposed civil
penalty may be issued after participation in informal procedures provided in
paragraph (f)(2) of this section or failure to respond in a timely manner to a
notice of proposed civil penalty. A final
notice of proposed civil penalty will be
sent to the individual charged with a

violation, to the president of the corporation or company charged with a
violation, or a person previously designated in writing by the individual,
corporation, or company to receive
documents in that civil penalty action.
If not previously done in response to a
notice of proposed civil penalty, a corporation or company may designate in
writing another person to receive documents in that civil penalty action. The
final notice of proposed civil penalty
contains a statement of the charges
and the amount of the proposed civil
penalty and, as a result of information
submitted to the agency attorney during informal procedures, may modify
an allegation or a proposed civil penalty contained in a notice of proposed
civil penalty.
(1) A final notice of proposed civil
penalty may be issued - 
(i) If the person charged with a violation fails to respond to the notice of
proposed civil penalty within 30 days
after receipt of that notice; or
(ii) If the parties participated in any
informal procedures under paragraph
(f)(2) of this section and the parties
have not agreed to compromise the action or the agency attorney has not
agreed to withdraw the notice of proposed civil penalty.
(2) Not later than 15 days after receipt of the final notice of proposed
civil penalty, the person charged with
a violation shall do one of the following - 
(i) Submit the amount of the proposed civil penalty or an agreed-upon
amount, in which case either an order
assessing civil penalty or a compromise order shall be issued in that
amount; or
(ii) Request a hearing, in which case
a complaint shall be filed with the
hearing docket clerk.
(h) Request for a hearing. Any person
charged with a violation may request a
hearing, pursuant to paragraph (f)(3) or
paragraph (g)(2)(ii) of this section, to
be conducted in accordance with the
procedures in subpart G of this part. A
person requesting a hearing shall file a
written request for a hearing with the
hearing docket clerk, using the appropriate address set forth in Section 13.210(a) of
this part, and shall mail a copy of the

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