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14 CFR Ch. I (1–1–19 Edition)

§ 16.245

FAA issues a hearing order, the pro-
posal for a consent order is submitted
jointly to the official authorized to
issue a hearing order, together with a
request to adopt the consent order and
dismiss the case. The official author-
ized to issue the hearing order issues
the consent order as an order of the
FAA and terminates the proceeding.

[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as
amended at Amdt. 16–1, 78 FR 56147, Sept. 12,
2013]

§ 16.245

Associate Administrator re-

view after a hearing.

(a) The Associate Administrator may

transfer to the FAA Assistant Adminis-
trator for Civil Rights the authority to
prepare and issue Final Agency Deci-
sions pursuant to § 16.241 for appeals
from a hearing concerning civil rights
issues.

(b) After a hearing is held, and, after

considering the issues as set forth in
§ 16.245(e), if the Associate Adminis-
trator determines that the hearing offi-
cer’s initial decision or order should be
changed, the Associate Administrator
may:

(1) Make any necessary findings and

issue an order in lieu of the hearing of-
ficer’s initial decision or order, or

(2) Remand the proceeding for any

such purpose as the Associate Adminis-
trator may deem necessary.

takes review of the hearing officer’s
initial decision on the Associate Ad-
ministrator’s own motion, the Asso-
ciate Administrator will issue a notice
of review within 20 days of the actual
date the initial decision is issued.

(1) The notice sets forth the specific

findings of fact and conclusions of law
in the initial decision that are subject
to review by the Associate Adminis-
trator.

(2) Parties may file one brief on re-

view to the Associate Administrator or
rely on their posthearing brief to the
hearing officer. A brief on review shall
be filed not later than 10 days after
service of the notice of review. Filing
and service of a brief on review shall be
by personal delivery.

(3) The Associate Administrator

issues a final agency decision and order
within 30 days of the due date of the
brief. If the Associate Administrator

finds that the respondent is not in
compliance with any Act or any regu-
lation, agreement or document of con-
veyance issued under such Act, the
final agency order includes a statement
of corrective action, if appropriate.

(d) When the final agency decision

finds a respondent in noncompliance,
and where a respondent fails to prop-
erly seek judicial review of the final
agency decision as set forth in subpart
G of this part, the Associate Adminis-
trator will issue an order remanding
the case to the Director for the fol-
lowing action:

(1) In the event that the respondent

fails to submit, in accordance with the
final agency decision, a Corrective Ac-
tion 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 Cor-
rective Action Plan as specified there-
in, the Director may initiate action to
revoke and/or deny applications for
Airport Improvement Program grants
issued under 49 U.S.C. 47114(c)–(e) and
47115. When the Director concludes
that the respondent has fully complied
with the Corrective Action Plan, the
Director will issue an Order termi-
nating the proceeding.

(2) For those violations that cannot

be remedied through corrective action,
the Director may initiate action to re-
voke and/or deny the respondent’s ap-
plications for Airport Improvement
Program grants issued under 49 U.S.C.
47114(c)–(e) and 47115.

(e) On appeal from a hearing officer’s

initial decision, the Associate Adminis-
trator will consider the following ques-
tions:

(1) Are the findings of fact each sup-

ported by a preponderance of reliable,
probative and substantial evidence?

(2) Are conclusions made in accord-

ance with law, precedent and policy?

(3) Are the questions on appeal sub-

stantial?

(4) Have any prejudicial errors oc-

curred?

(f) Any new issues or evidence pre-

sented in an appeal or reply will not be
allowed unless accompanied by a cer-
tified petition and good cause found as
to why the new matter was not pre-
sented to the Director. Such a petition
must:

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