103 

Federal Aviation Administration, DOT 

§ 16.33 

§ 16.31

Director’s Determinations after 

investigations. 

(a) After consideration of the plead-

ings and other information obtained by 
the FAA after investigation, the Direc-
tor will render an initial determination 
and serve it upon each party within 120 
days of the date the last pleading speci-
fied in § 16.23 was due. 

(b)(1) The Director’s Determination 

shall include findings of fact and con-
clusions of law, accompanied by expla-
nations and based upon all material 
issues of fact, credibility of the evi-
dence, law and discretion presented on 
the record, together with a statement 
of the reasons therefor. 

(2) The Director shall issue a deter-

mination or rule in a party’s favor only 
if the determination or ruling is in ac-
cordance with law and supported by a 
preponderance of the reliable, pro-
bative, and substantial evidence con-
tained in the record. 

(c) A party adversely affected by the 

Director’s Determination may appeal 
the initial determination as provided 
in § 16.33. However, if the Director’s De-
termination that is appealed contains a 
Corrective Action Plan, the Director 
has the discretion to suspend the Cor-
rective Action Plan until the appeal is 
resolved. 

(d) If the Director’s Determination 

finds the respondent in noncompliance 
and proposes the issuance of a compli-
ance order, the initial determination 
will include notice of opportunity for a 
hearing under subpart F of this part if 
a hearing is required by statute or oth-
erwise provided by the FAA. A hearing 
may be required by statute if the FAA 
determination would terminate eligi-
bility for grants under 49 U.S.C. 
47114(c) or (e), or terminate payments 
on a grant agreement under 49 U.S.C. 
subchapter 471. The respondent may 
elect or waive a hearing, as provided in 
subpart E of this part. 

(e) The Director will not consider re-

quests for rehearing, reargument, re-
consideration, or modification of a Di-
rector’s Determination without a find-
ing of good cause. 

[Amdt. 16–1, 78 FR 56145, Sept. 12, 2013] 

§ 16.33

Final decisions without hear-

ing. 

(a) The Associate Administrator may 

transfer to the FAA Assistant Adminis-
trator for Civil Rights the responsi-
bility to prepare and issue Final Agen-
cy Decisions pursuant to this section 
for appeals with issues concerning civil 
rights. 

(b) The Associate Administrator will 

issue a final decision on appeal from 
the Director’s Determination, without 
a hearing, where— 

(1) The complaint is dismissed after 

investigation; 

(2) A hearing is not required by stat-

ute and is not otherwise made avail-
able by the FAA; or 

(3) The FAA provides opportunity for 

a hearing to the respondent and the re-
spondent waives the opportunity for a 
hearing as provided in subpart E of this 
part. 

(c) In the cases described in para-

graph (b) of this section, within 30 days 
after the date of service of the initial 
determination, a party adversely af-
fected by the Director’s Determination 
may file in accordance with § 16.13 and 
serve in accordance with § 16.15 a simul-
taneous Notice of Appeal and Brief. 

(d) A reply to an appeal brief may be 

filed within 20 days after the date of 
service of the appeal. 

(e) On appeal, the Associate Adminis-

trator will consider the issues ad-
dressed in any order on a motion to 
dismiss or motion for summary judg-
ment and any issues accepted in the 
Director’s Determination using the fol-
lowing analysis: 

(1) Are the findings of fact each sup-

ported by a preponderance of reliable, 
probative, and substantial evidence 
contained in the record? 

(2) Are conclusions made in accord-

ance with law, precedent and policy? 

(3) Are the questions on appeal sub-

stantial? 

(4) Have any prejudicial errors oc-

curred? 

(f) Any new issues or evidence pre-

sented in an appeal or reply will not be 
considered unless accompanied by a pe-
tition and good cause found as to why 
the new issue or evidence was not pre-
sented to the Director. Such a petition 
must: 

(1) Set forth the new matter; 

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