Federal Aviation Administration, DOT

Pt. 16
16.19

(b) The indemnification agreement
will be signed by the Chief Counsel and
the publisher.
(c) The FAA will indemnify the publisher for - 
(1) Compensatory damages awarded
by the court against the publisher;
(2) Reasonable costs and fees, including reasonable attorney fees at a rate
not to exceed that permitted under the
Equal Access to Justice Act (5 U.S.C.
504), and any postjudgment interest, if
the publisher conducts a good faith defense, or pursues a good faith appeal, at
the request, or with the concurrence, of
the FAA.
(d) Except as otherwise provided in
this section, the FAA will not indemnify the publisher for - 
(1) Punitive or exemplary damages;
(2) Civil or criminal fines or any
other litigation sanctions;
(3) Postjudgment interest;
(4) Costs;
(5) Attorney fees; or
(6) Other incidental expenses.
(e) The indemnification agreement
must provide that the Government will
be subrogated to all claims or rights of
the publisher, including third-party
claims, cross-claims, and counterclaims.

Subpart C - Special Rules Applicable to
Complaints
16.21 Pre-complaint resolution.
16.23 Pleadings.
16.25 Dismissals.
16.26 Motions to dismiss and motions for
summary judgment.
16.27 Incomplete complaints.
16.29 Investigations.
16.31 Director-s determinations after investigations.
16.33 Final decisions without hearing.
16.34 Consent orders.

Subpart D - Special Rules Applicable to
Proceedings Initiated by the FAA
16.101 Basis for the initiation of agency action.
16.103 Notice of investigation.
16.105 Failure to resolve informally.

Subpart E - Proposed Orders of
Compliance
16.109 Orders terminating eligibility for
grants, cease and desist orders, and other
compliance orders.

Subpart F - Hearings
16.201 Notice and order of hearing.
16.202 Powers of a hearing officer.
16.203 Appearances, parties, and rights of
parties.
16.207 Intervention and other participation.
16.209 Extension of time.
16.211 Prehearing conference.
16.213 Discovery.
16.215 Depositions.
16.217 Witnesses.
16.219 Subpoenas.
16.221 Witness fees.
16.223 Evidence.
16.225 Public disclosure of evidence.
16.227 Standard of proof.
16.229 Burden of proof.
16.231 Offer of proof.
16.233 Record.
16.235 Argument before the hearing officer.
16.237 Waiver of procedures.
16.241 Initial decisions, orders, and appeals.
16.243 Consent orders.
16.245 Associate Administrator review after
a hearing.

Section 15.115 Payment.
After execution of the indemnification agreement, the FAA will submit
the agreement to the United States Department of Justice and request payment, in accordance with the agreement, from the Judgment Fund.

PART 16 - RULES OF PRACTICE FOR
FEDERALLY-ASSISTED
AIRPORT
ENFORCEMENT PROCEEDINGS
Subpart A - General Provisions
Sec.
16.1 Applicability and description of part.
16.3 Definitions.
16.5 Separation of functions.

Subpart B - General Rules Applicable to
Complaints, Proceedings Initiated by
the FAA, and Appeals
spaschal on DSK3GDR082PROD with CFR

Motions.

Subpart G - Judicial Review
16.247 Judicial review of a final decision and
order.

16.11 General processes.
16.13 Filing of documents.
16.15 Service of documents on the parties
and the agency.
16.17 Computation of time.

Subpart H - Ex Parte Communications
16.301

Prohibited ex parte communications.

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