Section 16.34

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

(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 exercise 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 Determination 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, reargument, reconsideration, or modification
of a final order will be considered without a finding of good cause.
[Amdt. 16-1, 78 FR 56145, Sept. 12, 2013]

spaschal on DSK3GDR082PROD with CFR

Section 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 administrative process. However, except as
provided in Section 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 section, 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 before the FAA issues a Director-s Determination, the proposal for a consent
order is submitted jointly by the parties to the Director, together with a request 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 Applicable to Proceedings Initiated
by the FAA
Section 16.101 Basis for
agency action.

the

initiation

The FAA may initiate its own investigation of any matter within the applicability of this part without having
received a complaint. The investigation may include, without limitation,
any of the actions described in
Section 16.29(b).
Section 16.103

Notice of investigation.

Following the initiation of an investigation under Section 16.101, the FAA sends a
notice to the person(s) subject to investigation. 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 matter.
Section 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 Determination under Section 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
Section 16.109 Orders terminating eligibility
for grants, cease and desist orders,
and other compliance orders.
(a) The agency will provide the opportunity for a hearing if, in the Director-s determination, the agency issues
or proposes to issue an order terminating eligibility for grants pursuant
to 49 U.S.C. 47106(d), an order suspending the payment of grant funds
pursuant to 49 U.S.C. 47111(d); an order
withholding approval of any new application to impose a passenger facility
charge pursuant to 49 U.S.C. 47111(e); a

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