88
14 CFR Ch. I (1–1–19 Edition)
§ 14.29
this chapter, specifically § 13.233. Addi-
tionally, 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 Decision-
maker. If review is taken, the FAA De-
cisionmaker will issue a final decision
on the application or remand the appli-
cation 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 adju-
dicative 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 Resolu-
tion for Acquisition shall submit a rec-
ommended 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 re-
viewed under 49 U.S.C. 46110.
[Doc. No. FAA–1998–4379, 64 FR 32936, June 18,
1999, as amended at 70 FR 8238, Feb. 18, 2005]
§ 14.29
Judicial review.
If an applicant is dissatisfied with
the determination of fees and other ex-
penses made under this subsection,
pursuant 5 U.S.C. 504(c)(2), that appli-
cant may, within thirty (30) days after
the determination is made, appeal the
determination to the court of the
United States having jurisdiction to re-
view the merits of the underlying deci-
sion of the FAA adversary adjudica-
tion. 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 cal-
culation of the amount of the award,
was unsupported by substantial evi-
dence.
§ 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 grant-
ing the award, accompanied by a state-
ment 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 Ave-
nue, SW., Washington, DC 20591. The
agency will pay the amount awarded to
the applicant within 60 days, unless ju-
dicial review of the award or of the un-
derlying decision of the adversary ad-
judication has been sought by the ap-
plicant or any other party to the pro-
ceeding.
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 in-
formation to be submitted.
15.9
Investigation and examination.
Subpart B—Indemnification Under Section
1118 of the Federal Aviation Act of 1958
15.101
Applicability.
15.103
Exclusions.
15.105
Filing of requests for indemnifica-
tion.
15.107
Notification requirements.
15.109
Settlements.
15.111
Conduct of litigation.
15.113
Indemnification agreements.
15.115
Payment.
A
UTHORITY
: 5 U.S.C. 301; 28 U.S.C. 2672, 2675;
49 U.S.C. 106(g), 40113, 44721.
Subpart A—General Procedures
S
OURCE
: Docket No. 25264, 52 FR 18171, May
13, 1987, unless otherwise noted.
§ 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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