spaschal on DSK3GDR082PROD with CFR

Federal Aviation Administration, DOT

Section 16.3

Agency attorney means the Deputy
Chief Counsel; the Assistant Chief
Counsel and attorneys in the Airports/
Environmental Law Division of the Office of the Chief Counsel; the Assistant
Chief Counsel and attorneys in an FAA
region or center who represent the
FAA during the investigation of a complaint or at a hearing on a complaint,
and who prosecute on behalf of the
FAA, as appropriate. An agency attorney shall not include the Chief Counsel; the Assistant Chief Counsel for
Litigation, or any attorney on the staff
of the Assistant Chief Counsel for Litigation, who advises the Associate Administrator regarding an initial decision of the hearing officer or any appeal to the Associate Administrator or
who is supervised in that action by a
person who provides such advice in an
action covered by this part.
Agency employee means any employee
of the FAA.
Associate Administrator means the
FAA Associate Administrator for Airports or a designee. For the purposes of
this part only, Associate Administrator also means the Assistant Administrator for Civil Rights or a designee for complaints that the FAA Associate Administrator for Airports
transfers to the Assistant Administrator for Civil Rights.
Complainant means the person submitting a complaint.
Complaint means a written document
meeting the requirements of this part
and filed under this part:
(1) By a person directly and substantially affected by anything allegedly
done or omitted to be done by any person in contravention of any provision
of any Act, as defined in this section,
as to matters within the jurisdiction of
the Administrator, or
(2) By a person under 49 CFR 26.105(c)
against a recipient of FAA funds alleged to have violated a provision of 49
CFR parts 23 and/or 26.
Decisional employee means the Administrator, Deputy Administrator, Associate Administrator, Director, hearing
officer, or other FAA employee who is
or who may reasonably be expected to
be involved in the decisional process of
the proceeding.
Director means the Director of the
FAA Office of Airport Compliance and

Management Analysis, or a designee.
For the purposes of this part only, Director also means the Deputy Assistant
Administrator for Civil Rights for complaints that the Director of the FAA
Office of Airport Compliance and Management Analysis transfers to the Deputy Assistant Administrator for Civil
Rights or designee.
Electronic filing means the process of
sending electronic mail (email) to the
FAA Part 16 Docket Clerk, with
scanned documents attached, as a
Portable Document Format (PDF) file.
Ex parte communication means an oral
or written communication not on the
public record with respect to which
reasonable prior notice to all parties is
not given, but it shall not include requests for status reports on any matter
or proceeding covered by this part, or
communications between FAA employees who participate as parties to a
hearing pursuant to 16.203(b) of this
part and other parties to a hearing.
Hearing officer means an attorney
designated by the Deputy Chief Counsel in a hearing order to serve as a
hearing officer in a hearing under this
part. The following are not designated
as hearing officers: the Chief Counsel
and Deputy Chief Counsel; the Regional or Center Counsel and attorneys
in the FAA region or center in which
the noncompliance has allegedly occurred or is occurring; the Assistant
Chief Counsel and attorneys in the Airports and Environmental Law Division
of the FAA Office of the Chief Counsel;
and the Assistant Chief Counsel and attorneys in the Litigation Division of
the FAA Office of Chief Counsel.
Initial decision means a decision made
by the hearing officer in a hearing
under subpart F of this part.
Mail means U.S. first class mail; U.S.
certified mail; and U.S. express mail.
Unless otherwise noted, mail also
means electronic mail containing PDF
copies of pleadings or documents required herein.
Noncompliance means anything done
or omitted to be done by any person in
contravention of any provision of any
Act, as defined in this section, as to
matters within the jurisdiction of the
Administrator.

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