spaschal on DSK3GDR082PROD with CFR

Federal Aviation Administration, DOT

Section 13.17

request to the agency attorney. The request for a hearing may be in the form
of a letter but must be dated and
signed by the person requesting a hearing. The request for a hearing may be
typewritten or may be legibly handwritten.
(i) Hearing. If the person charged
with a violation requests a hearing
pursuant to paragraph (f)(3) or paragraph (g)(2)(ii) of this section, the
original complaint shall be filed with
the hearing docket clerk and a copy
shall be sent to the person requesting
the hearing. The procedural rules in
subpart G of this part apply to the
hearing and any appeal. At the close of
the hearing, the administrative law
judge shall issue, either orally on the
record or in writing, an initial decision, including the reasons for the decision, that contains findings or conclusions on the allegations contained, and
the civil penalty sought, in the complaint.
(j) Appeal. Either party may appeal
the administrative law judge-s initial
decision to the FAA decisionmaker
pursuant to the procedures in subpart
G of this part. If a party files a notice
of appeal pursuant to Section 13.233 of subpart
G, the effectiveness of the initial decision is stayed until a final decision and
order of the Administrator have been
entered on the record. The FAA decisionmaker shall review the record and
issue a final decision and order of the
Administrator that affirm, modify, or
reverse the initial decision. The FAA
decisionmaker may assess a civil penalty but shall not assess a civil penalty
in an amount greater than that sought
in the complaint.
(k) Payment. A person shall pay a
civil penalty by sending a certified
check or money order, payable to the
Federal Aviation Administration, to
the agency attorney.
(l) Collection of civil penalties. If an individual does not pay a civil penalty
imposed by an order assessing civil
penalty or other final order, the Administrator may take action provided
under the law to collect the penalty.
(m) A party may seek review only of
a final decision and order of the FAA
decisionmaker involving a violation of
the Federal aviation statute or the
Federal hazardous materials transpor-

tation law. Judicial review is in the
United States Court of Appeals for the
District of Columbia Circuit or the
United States court of appeals for the
circuit in which the party resides or
has the party-s principal place of business as provided in Section 13.235 of this part.
Neither an initial decision or an order
issued by an administrative law judge
that has not been appealed to the FAA
decisionmaker, nor an order compromising a civil penalty action, may be
appealed under any of those sections.
(n) Compromise. The FAA may compromise the amount of any civil penalty imposed under this section, under
49 U.S.C. 5123(e), 46031(f), 46303(b), or
46318 at any time before referring the
action to the United States Attorney
General, or the delegate of the Attorney General, for collection.
(1) An agency attorney may compromise any civil penalty action where
a person charged with a violation
agrees to pay a civil penalty and the
FAA agrees not to make a finding of
violation. Under such agreement, a
compromise order is issued following
the payment of the agreed-on amount
or the signing of a promissory note.
The compromise order states the following:
(i) The person has paid a civil penalty
or has signed a promissory note providing for installment payments.
(ii) The FAA makes no finding of a
violation.
(iii) The compromise order shall not
be used as evidence of a prior violation
in any subsequent civil penalty proceeding or certificate action proceeding.
(2) An agency attorney may compromise the amount of a civil penalty
proposed in a notice, assessed in an
order, or imposed in a compromise
order.
[Amdt. 13-32; 70 FR 1813, Jan. 11, 2005; 70 FR
2925, Jan. 18, 2005, as amended at 70 FR 8238,
Feb. 18, 2005; 71 FR 70464, Dec. 5, 2006]

Section 13.17 Seizure of aircraft.
(a) Under section 903 of the Federal
Aviation Act of 1958 (49 U.S.C. 1473), a
State or Federal law enforcement officer, or a Federal Aviation Administration safety inspector, authorized in an
order of seizure issued by the Regional
Administrator of the region, or by the

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