Federal Aviation Administration, DOT

Section 16.33

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Section 16.31 Director-s Determinations after
investigations.
(a) After consideration of the pleadings and other information obtained by
the FAA after investigation, the Director will render an initial determination
and serve it upon each party within 120
days of the date the last pleading specified in Section 16.23 was due.
(b)(1) The Director-s Determination
shall include findings of fact and conclusions of law, accompanied by explanations and based upon all material
issues of fact, credibility of the evidence, law and discretion presented on
the record, together with a statement
of the reasons therefor.
(2) The Director shall issue a determination or rule in a party-s favor only
if the determination or ruling is in accordance with law and supported by a
preponderance of the reliable, probative, and substantial evidence contained in the record.
(c) A party adversely affected by the
Director-s Determination may appeal
the initial determination as provided
in Section 16.33. However, if the Director-s Determination that is appealed contains a
Corrective Action Plan, the Director
has the discretion to suspend the Corrective Action Plan until the appeal is
resolved.
(d) If the Director-s Determination
finds the respondent in noncompliance
and proposes the issuance of a compliance 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 otherwise provided by the FAA. A hearing
may be required by statute if the FAA
determination would terminate eligibility 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 requests for rehearing, reargument, reconsideration, or modification of a Director-s Determination without a finding of good cause.
[Amdt. 16-1, 78 FR 56145, Sept. 12, 2013]

Section 16.33 Final decisions without hearing.
(a) The Associate Administrator may
transfer to the FAA Assistant Administrator for Civil Rights the responsibility to prepare and issue Final Agency 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 statute and is not otherwise made available by the FAA; or
(3) The FAA provides opportunity for
a hearing to the respondent and the respondent waives the opportunity for a
hearing as provided in subpart E of this
part.
(c) In the cases described in paragraph (b) of this section, within 30 days
after the date of service of the initial
determination, a party adversely affected by the Director-s Determination
may file in accordance with Section 16.13 and
serve in accordance with Section 16.15 a simultaneous 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 Administrator will consider the issues addressed in any order on a motion to
dismiss or motion for summary judgment and any issues accepted in the
Director-s Determination using the following analysis:
(1) Are the findings of fact each supported by a preponderance of reliable,
probative, and substantial evidence
contained in the record?
(2) Are conclusions made in accordance with law, precedent and policy?
(3) Are the questions on appeal substantial?
(4) Have any prejudicial errors occurred?
(f) Any new issues or evidence presented in an appeal or reply will not be
considered unless accompanied by a petition and good cause found as to why
the new issue or evidence was not presented to the Director. Such a petition
must:
(1) Set forth the new matter;

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