Section 16.27

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

(c) Motions for summary judgment. (1)
A motion for summary judgment may
be based upon the ground that there is
no genuine issue of material fact for
adjudication and that the complaint,
when viewed in the light most favorable to the complainant, should be
summarily adjudicated in favor of the
respondent as a matter of law. A motion for summary judgment may seek
dismissal of the entire complaint or
dismissal of specified claims or issues
in the complaint.
(2) The motion for summary judgment shall be accompanied by a concise statement of the material facts as
to which the respondent contends there
is no genuine issue of material fact.
The motion may include affidavits and
documentary evidence in support of the
contention that there is no genuine
issue of material fact in dispute.
(3) A complainant may file an answer
to the motion for summary judgment
within 10 days of the date the motion is
served on the complainant, or within
any other period set by the Director.
The answer shall be accompanied by a
concise statement of the material facts
as to which the complainant contends
there is a genuine issue, and may be accompanied by affidavits and other documentary evidence in support of that
contention.
(4) Within 30 days of the date an answer to a motion for summary judgment is due under this section, the Director may issue an order disposing of
the motion. If the Director denies the
motion in whole or in part, or grants
the motion in part, then within 20 days
of when the order is served on the respondent, the respondent shall file an
answer to the complaint.
(5) If the Director does not act on the
motion for summary judgment within
30 days of the date an answer to a motion is due under this section, the respondent shall file an answer to the
complaint within the next 20 days.

spaschal on DSK3GDR082PROD with CFR

[Amdt. 16-1, 78 FR 56144, Sept. 12, 2013]

Section 16.27 Incomplete complaints.
(a) If a complaint is not dismissed
pursuant to Section 16.25, but is deficient as to
one or more of the requirements set
forth in Section 16.21 or Section 16.23(b), the Director
will dismiss the complaint within 20
days after receiving it. Dismissal will

be without prejudice to the refiling of
the complaint after amendment to correct the deficiencies. The Director-s
dismissal will include the reasons for
the dismissal.
(b) Dismissals under this section are
not initial determinations, and appeals
from decisions under this section will
not be permitted.
[Amdt. 16-1, 78 FR 56144, Sept. 12, 2013]

Section 16.29

Investigations.

(a) If, based on the pleadings, there
appears to be a reasonable basis for further investigation, the FAA investigates the subject matter of the complaint.
(b) The investigation may include
one or more of the following, at the
sole discretion of the FAA:
(1) A review of the written submissions or pleadings of the parties, as
supplemented by any informal investigation the FAA considers necessary
and by additional information furnished by the parties at FAA request.
In rendering its initial determination,
the FAA may rely entirely on the complaint and the responsive pleadings
provided under this subpart. Each
party shall file documents that it considers sufficient to present all relevant
facts and argument necessary for the
FAA to determine whether the sponsor
is in compliance.
(2) Obtaining additional oral and documentary evidence by use of the agency-s authority to compel production of
such evidence under 49 U.S.C. 40113 and
46104, and 49 U.S.C. 47122. The Administrator-s statutory authority to issue
compulsory process has been delegated
to the Chief Counsel, the Deputy Chief
Counsel, the Assistant Chief Counsel
for Airports and Environmental Law,
and each Assistant Chief Counsel for a
region or center.
(3) Conducting or requiring that a
sponsor conduct an audit of airport financial records and transactions as
provided in 49 U.S.C. 47107 and 47121.
[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as
amended at Amdt. 16-1 78 FR 56145, Sept. 12,
2013]

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