104
14 CFR Ch. I (1–1–19 Edition)
§ 16.34
(2) Contain affidavits of prospective
witnesses, authenticated documents, or
both, or an explanation of why such
substantiation is unavailable; and
(3) Contain a statement explaining
why such new issue or evidence could
not have been discovered in the exer-
cise of due diligence prior to the date
on which the evidentiary record closed.
(g) The Associate Administrator will
issue a final decision and order within
60 days after the due date of the reply.
(h) If no appeal is filed within the
time period specified in paragraph (c)
of this section, the Director’s Deter-
mination becomes the final decision
and order of the FAA without further
action. A Director’s Determination
that becomes final, because there is no
administrative appeal, is not judicially
reviewable.
(i) No requests for rehearing, reargu-
ment, reconsideration, or modification
of a final order will be considered with-
out a finding of good cause.
[Amdt. 16–1, 78 FR 56145, Sept. 12, 2013]
§ 16.34
Consent orders.
(a) The parties may agree at any
time before the issuance of a final
agency decision to dispose of the case
by proposing a consent order. Good
faith efforts to resolve a complaint
through issuance of a consent order
may continue throughout the adminis-
trative process. However, except as
provided in § 16.11(a), such efforts may
not serve as the basis for extensions of
the times set forth in this part.
(b) A proposal for a consent order,
specified in paragraph (a) of this sec-
tion, shall include:
(1) A proposed consent order;
(2) An admission of all jurisdictional
facts; and
(3) An express waiver of the right to
further procedural steps and of all
rights of judicial review.
(c) If the parties agree to dispose of a
case by issuance of a consent order be-
fore the FAA issues a Director’s Deter-
mination, the proposal for a consent
order is submitted jointly by the par-
ties to the Director, together with a re-
quest to adopt the consent order and
dismiss the case. The Director may
issue the consent order as an order of
the FAA and terminate the proceeding.
[Amdt. 16–1, 78 FR 56145, Sept. 12, 2013]
Subpart D—Special Rules Applica-
ble to Proceedings Initiated
by the FAA
§ 16.101
Basis for the initiation of
agency action.
The FAA may initiate its own inves-
tigation of any matter within the ap-
plicability of this part without having
received a complaint. The investiga-
tion may include, without limitation,
any of the actions described in
§ 16.29(b).
§ 16.103
Notice of investigation.
Following the initiation of an inves-
tigation under § 16.101, the FAA sends a
notice to the person(s) subject to inves-
tigation. The notice will set forth the
areas of the agency’s concern and the
reasons therefor; request a response to
the notice within 30 days of the date of
service; and inform the respondent that
the FAA will, in its discretion, invite
good faith efforts to resolve the mat-
ter.
§ 16.105
Failure to resolve informally.
If the matters addressed in the FAA
notices are not resolved informally, the
FAA may issue a Director’s Determina-
tion under § 16.31.
[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as
amended at Amdt. 16–1, 78 FR 56146, Sept. 12,
2013]
Subpart E—Proposed Orders of
Compliance
§ 16.109
Orders terminating eligibility
for grants, cease and desist orders,
and other compliance orders.
(a) The agency will provide the op-
portunity for a hearing if, in the Direc-
tor’s determination, the agency issues
or proposes to issue an order termi-
nating eligibility for grants pursuant
to 49 U.S.C. 47106(d), an order sus-
pending the payment of grant funds
pursuant to 49 U.S.C. 47111(d); an order
withholding approval of any new appli-
cation to impose a passenger facility
charge pursuant to 49 U.S.C. 47111(e); a
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