Section 16.21

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

Subpart C - Special Rules
Applicable to Complaints

spaschal on DSK3GDR082PROD with CFR

Section 16.21

Pre-complaint resolution.

(a) Except for those persons filing
under 49 CFR 26.105(c), prior to filing a
complaint under this part, a person directly and substantially affected by the
alleged noncompliance shall initiate
and engage in good faith efforts to resolve the disputed matter informally
with those individuals or entities believed responsible for the noncompliance. These efforts at informal resolution may include, without limitation,
at the parties- expense, mediation, arbitration, or the use of a dispute resolution board, or other form of third
party assistance. The FAA Airports
District Office, FAA Airports Field Office, FAA Regional Airports Division
responsible for administering financial
assistance to the sponsor, or the FAA
Office of Civil Rights will be available
upon request to assist the parties with
informal resolution.
(b) Except for complaints filed under
49 CFR 26.105(c), a complaint will be
dismissed under Section 16.27 unless the person or authorized representative filing
the complaint certifies that:
(1) The complainant has made substantial and reasonable good faith efforts to resolve the disputed matter informally prior to filing the complaint;
and
(2) There is no reasonable prospect
for practical and timely resolution of
the dispute.
(c) The certification required under
paragraph (b) of this section, shall include a brief description of the party-s
efforts to obtain informal resolution
but shall not include information on
monetary or other settlement offers
made but not agreed upon in writing by
all parties. Such efforts to resolve informally should be relatively recent
and be demonstrated by pertinent documentation. There is no required form
or process for informal resolution, but
in each case the requirements to resolve the matter informally must meet
the requirements of this paragraph.
[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as
amended at Amdt. 16-1, 78 FR 56143, Sept. 12,
2013]

Section 16.23 Pleadings.
(a) A person directly and substantially affected by any alleged noncompliance or a person qualified under
49 CFR 26.105(c) may file a complaint
under this part. A person doing business with an airport and paying fees or
rentals to the airport shall be considered directly and substantially affected
by alleged revenue diversion as defined
in 49 U.S.C. 47107(b).
(b) Complaints filed under this part
shall - 
(1) State the name and address of
each person who is the subject of the
complaint and, with respect to each
person, the specific provisions of each
Act that the complainant believes were
violated;
(2) Include all documents then available in the exercise of reasonable diligence, to be offered in support of the
complaint, and to be served upon all
persons named in the complaint as persons responsible for the alleged action(s) or omission(s) upon which the
complaint is based;
(3) Provide a concise but complete
statement of the facts relied upon to
substantiate each allegation; and
(4) Except for complaints filed under
49 CFR 26.105(c), describe how the complainant was directly and substantially
affected by the things done or omitted
to be done by the respondents.
(c) Unless the complaint is dismissed
pursuant to Section 16.25 or Section 16.27, the FAA
notifies the complainant and respondent in writing within 20 days after the
date the FAA receives the complaint
that the complaint has been docketed.
(d) The respondent shall file an answer within 20 days of the date of service of the FAA notification or, if a motion is filed under Section 16.26, within 20 days
of the date of service of an FAA order
denying all or part of that motion.
(e) The complainant may file a reply
within 10 days of the date of service of
the answer.
(f) The respondent may file a rebuttal
within 10 days of the date of service of
the complainant-s reply.
(g) The answer, reply, and rebuttal
shall, like the complaint, be accompanied by supporting documentation
upon which the parties rely.
(h) The answer shall deny or admit
the allegations made in the complaint

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