Section 16.5

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

Party means the complainant(s) and
the respondent(s) named in the complaint and, after an initial determination providing an opportunity for hearing is issued under Section 16.31 and subpart E
of this part, the agency.
Person in addition to its meaning
under 49 U.S.C. 40102(a)(33), includes a
public agency as defined in 49 U.S.C.
47102(a)(15).
Personal delivery means same-day
hand delivery or overnight express delivery service.
Respondent means any person named
in a complaint as a person responsible
for noncompliance.
Sponsor means:
(1) Any public agency which, either
individually or jointly with one or
more other public agencies, has received Federal financial assistance for
airport development or planning under
the Federal Airport Act, Airport and
Airway Development Act or Airport
and Airway Improvement Act;
(2) Any private owner of a public-use
airport that has received financial assistance from the FAA for such airport;
and
(3) Any person to whom the Federal
Government has conveyed property for
airport purposes under section 13(g) of
the Surplus Property Act of 1944, as
amended.
Writing or written includes paper documents that are filed and/or served by
mail, personal delivery, facsimile, or
email (as attached PDF files).

except as counsel or as witness in the
public proceedings, engage in any substantive communication regarding that
case or a related case with the hearing
officer, the Associate Administrator on
written appeal, or agency employees
advising those officials in that capacity.
(c) The Chief Counsel, the Assistant
Chief Counsel for Litigation, or an attorney on the staff of the Assistant
Chief Counsel for Litigation advises
the Associate Administrator regarding
an initial decision, an appeal, or a final
decision regarding any case brought
under this part.

Subpart B - General Rules Applicable to Complaints, Proceedings Initiated by the FAA,
and Appeals
Section 16.11 General processes.
(a) Under the authority of 49 U.S.C.
40113 and 47121, the Director may conduct investigations, issue orders, and
take such other actions as are necessary to fulfill the purposes of this
part. This includes the extension of
any time period prescribed, where necessary or appropriate for a fair and
complete consideration of matters before the agency, prior to issuance of
the Director-s Determination.
(b) Notwithstanding any other provision of this part, upon finding that circumstances require expedited handling
of a particular case or controversy, the
Director may issue an order directing
any of the following prior to the
issuance of the Director-s Determination:
(1) Shortening the time period for
any action under this part consistent
with due process;
(2) If other adequate opportunity to
respond to pleadings is available,
eliminating the reply, rebuttal, or
other actions prescribed by this part;
(3) Designating alternative methods
of service; or
(4) Directing such other measures as
may be required.
(c) Other than those matters concerning a Corrective Action Plan, the
jurisdiction of the Director terminates
upon the issuance of the Director-s Determination. All matters arising during the appeal period, such as requests

spaschal on DSK3GDR082PROD with CFR

[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as
amended at Amdt. 16-1, 78 FR 56141, Sept. 12,
2013]

Section 16.5 Separation of functions.
(a) Proceedings under this part, including hearings under subpart F of
this part, will be prosecuted by an
agency attorney.
(b) After issuance of an initial determination in which the FAA provides
the opportunity for a hearing, an agency employee engaged in the performance of investigative or prosecutorial
functions in a proceeding under this
part will not, in that case or a factually related case, participate or give
advice in an initial decision by the
hearing officer, or a final decision by
the Associate Administrator or designee on written appeal, and will not,

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