Federal Aviation Administration, DOT

Section 16.243

record in support of the findings of
fact; and supporting arguments for the
proposed findings, proposed conclusions, and exceptions.
[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as
amended at Amdt. 16-1, 78 FR 56147, Sept. 12,
2013]

spaschal on DSK3GDR082PROD with CFR

Section 16.237 Waiver of procedures.
(a) The hearing officer shall waive
such procedural steps as all parties to
the hearing agree to waive before
issuance of an initial decision.
(b) Consent to a waiver of any procedural step bars the raising of this issue
on appeal.
(c) The parties may not by consent
waive the obligation of the hearing officer to enter an initial decision on the
record.
Section 16.241 Initial decisions, order, and
appeals.
(a) The hearing officer shall issue an
initial decision based on the record developed during the proceeding and shall
send the initial decision to the parties
not later than 110 days after the Director-s Determination unless otherwise
provided in the hearing order.
(b) Each party adversely affected by
the hearing officer-s initial decision
may file an appeal with the Associate
Administrator within 15 days of the
date the initial decision is issued. Each
party may file a reply to an appeal
within 10 days after it is served on the
party. Filing and service of appeals and
replies shall be by personal delivery.
(c) If an appeal is filed, the Associate
Administrator reviews the entire
record and issues a final agency decision and order within 60 days of the due
date of the reply. If no appeal is filed,
the Associate Administrator may take
review of the case on his or her own
motion. If the Associate Administrator
finds that the respondent is not in
compliance with any Act or any regulation, agreement, or document of conveyance issued or made under such
Act, the final agency order includes, in
accordance with Section 16.245(d), a statement
of corrective action, if appropriate, and
identifies sanctions for continued noncompliance.
(d) If no appeal is filed, and the Associate Administrator does not take review of the initial decision on the Asso-

ciate Administrator-s own motion, the
initial decision shall take effect as the
final agency decision and order on the
sixteenth day after the actual date the
initial decision is issued.
(e) The failure to file an appeal is
deemed a waiver of any rights to seek
judicial review of an initial decision
that becomes a final agency decision
by operation of paragraph (d) of this
section.
[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as
amended at Amdt. 16-1, 78 FR 56147, Sept. 12,
2013]

Section 16.243 Consent orders.
(a) The agency attorney and the respondents may agree at any time before the issuance of a final decision and
order to dispose of the case by issuance
of a consent order. Good faith efforts to
resolve a complaint through issuance
of a consent order may continue
throughout the administrative process.
Except as provided in Section 16.209, 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;
(3) An express waiver of the right to
further procedural steps and of all
rights of judicial review; and
(4) The hearing order, if issued, and
an acknowledgment that the hearing
order may be used to construe the
terms of the consent order.
(c) If the issuance of a consent order
has been agreed upon by all parties to
the hearing, the proposed consent order
shall be filed with the hearing officer,
along with a draft order adopting the
consent decree and dismissing the case,
for the hearing officer-s adoption.
(d) The deadline for the hearing officer-s initial decision and the final
agency decision is extended by the
amount of days elapsed between the filing of the proposed consent order with
the hearing officer and the issuance of
the hearing officer-s order continuing
the hearing.
(e) If the agency attorney and sponsor agree to dispose of a case by
issuance of a consent order before the

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