Section 14.29

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

this chapter, specifically Section 13.233. Additionally, the FAA Decisionmaker may
decide to review the decision on his/her
own initiative. If neither the applicant
nor the FAA-s counsel seeks review
within 30 days after the decision is
issued, it shall become final. Whether
to review a decision is a matter within
the discretion of the FAA Decisionmaker. If review is taken, the FAA Decisionmaker will issue a final decision
on the application or remand the application to the ALJ who issue the initial
fee award determination for further
proceedings.
(b) In proceedings under part 17 of
this chapter and the AMS, the adjudicative officer shall prepare findings
and recommendations for the Office of
Dispute Resolution for Acquisition
with recommendations as to whether
or not an award should be made, the
amount of the award, and the reasons
therefor. The Office of Dispute Resolution for Acquisition shall submit a recommended order to the Administrator
after the completion of all submissions
related to the EAJA application. Upon
the Administrator-s action, the order
shall become final, and may be reviewed under 49 U.S.C. 46110.

Section 14.30 Payment of award.
An applicant seeking payment of an
award shall submit to the disbursing
official of the FAA a copy of the FAA
Decisionmaker-s final decision granting the award, accompanied by a statement that the applicant will not seek
review of the decision in the United
States courts. Applications for award
grants in cases involving the FAA shall
be sent to: The Office of Accounting
and Audit, AAA-1, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591. The
agency will pay the amount awarded to
the applicant within 60 days, unless judicial review of the award or of the underlying decision of the adversary adjudication has been sought by the applicant or any other party to the proceeding.

PART 15 - ADMINISTRATIVE CLAIMS
UNDER FEDERAL TORT CLAIMS ACT
Subpart A - General Procedures
Sec.
15.1 Scope of regulations.
15.3 Administrative claim, when presented;
appropriate office.
15.5 Administrative claim, who may file.
15.7 Administrative claims; evidence and information to be submitted.
15.9 Investigation and examination.

[Doc. No. FAA-1998-4379, 64 FR 32936, June 18,
1999, as amended at 70 FR 8238, Feb. 18, 2005]

spaschal on DSK3GDR082PROD with CFR

Section 14.29

Subpart B - Indemnification Under Section
1118 of the Federal Aviation Act of 1958

Judicial review.

If an applicant is dissatisfied with
the determination of fees and other expenses made under this subsection,
pursuant 5 U.S.C. 504(c)(2), that applicant may, within thirty (30) days after
the determination is made, appeal the
determination to the court of the
United States having jurisdiction to review the merits of the underlying decision of the FAA adversary adjudication. The court-s determination on any
appeal heard under this paragraph
shall be based solely on the factual
record made before the FAA. The court
may modify the determination of fees
and other expenses only if the court
finds that the failure to make an award
of fees and other expenses, or the calculation of the amount of the award,
was unsupported by substantial evidence.

15.101 Applicability.
15.103 Exclusions.
15.105 Filing of requests for indemnification.
15.107 Notification requirements.
15.109 Settlements.
15.111 Conduct of litigation.
15.113 Indemnification agreements.
15.115 Payment.
AUTHORITY: 5 U.S.C. 301; 28 U.S.C. 2672, 2675;
49 U.S.C. 106(g), 40113, 44721.

Subpart A - General Procedures
SOURCE: Docket No. 25264, 52 FR 18171, May
13, 1987, unless otherwise noted.

Section 15.1 Scope of regulations.
(a) These regulations apply to claims
asserted under the Federal Tort Claims
Act, as amended, for money damages
against the United States for injury to,

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