spaschal on DSK3GDR082PROD with CFR

Federal Aviation Administration, DOT

Section 16.201

cease and desist order; an order directing the refund of fees unlawfully collected; or any other compliance order
issued by the Administrator to carry
out the provisions of the Acts, and required to be issued after notice and opportunity for a hearing. In cases in
which a hearing is not required by statute, the FAA may provide opportunity
for a hearing at its discretion.
(b) In a case in which the agency provides the opportunity for a hearing, the
Director-s Determination issued under
Section 16.31 will include a statement of the
availability of a hearing under subpart
F of this part.
(1) Within 20 days after service of a
Director-s Determination under Section 16.31
that provides an opportunity for a
hearing a person subject to the proposed compliance order may - 
(i) Request a hearing under subpart F
of this part;
(ii) Waive hearing and appeal the Director-s Determination in writing, as
provided in Section 16.33;
(iii) File, jointly with a complainant,
a motion to withdraw the complaint
and to dismiss the proposed compliance
action; or
(iv) Submit, jointly with the agency,
a proposed consent order under
Section 16.34(c).
(2) If the respondent fails to file an
appeal in writing within the time periods provided in paragraph (c) of this
section, the Director-s Determination
becomes final.
(c) The Director may either direct
the respondent to submit a Corrective
Action Plan or initiate proceedings to
revoke and/or deny the respondent-s
application for Airport Improvement
Program discretionary grants under 49
U.S.C. 47115 and general aviation airport grants under 49 U.S.C. 47114(d)
when a Director-s Determination finds
a respondent in noncompliance and
does not provide for a hearing.
(d) In the event that the respondent
fails to submit, in accordance with a
Director-s Determination, a Corrective
Action Plan acceptable to the FAA
within the time provided, unless extended by the FAA for good cause, and/
or if the respondent fails to complete
the Corrective Action Plan as specified
therein, the Director may initiate action to revoke and/or deny applications

for Airport Improvement Program discretionary grants under 49 U.S.C. 47115
and general aviation airport grants
under 49 U.S.C. 47114(d).
(e) For those violations that cannot
be remedied through corrective action,
the Director may initiate action to revoke and/or deny the respondent-s applications for Airport Improvement
Program discretionary grants under 49
U.S.C. 47115 and general aviation airport grants under 49 U.S.C. 47114(d).
(f) When the Director concludes that
the respondent has fully complied with
the Corrective Action Plan and/or when
the Director determines that the respondent has corrected the areas of
noncompliance, the Director will terminate the proceeding.
(g) A complainant-s standing terminates upon the issuance of a Director-s
Determination that finds a respondent
in noncompliance on all identified
issues. The complainant may not appeal the Director-s Determination if
the Director finds noncompliance on
all identified issues.
[Amdt. 16-1, 78 FR 56146, Sept. 12, 2013]

Subpart F - Hearings
Section 16.201

Notice and order of hearing.

(a) If a respondent is provided the opportunity for hearing in an initial determination and does not waive hearing, the Deputy Chief Counsel within 10
days after the respondent elects a hearing will issue and serve on the respondent and complainant a hearing order.
The hearing order will set forth:
(1) The allegations in the complaint,
or notice of investigation, and the
chronology and results of the investigation preliminary to the hearing;
(2) The relevant statutory, judicial,
regulatory, and other authorities;
(3) The issues to be decided;
(4) Such rules of procedure as may be
necessary to supplement the provisions
of this part;
(5) The name and address of the person designated as hearing officer, and
the assignment of authority to the
hearing officer to conduct the hearing
in accordance with the procedures set
forth in this part; and

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