14CFR vol1 part16 - 22 pages

Page 1 -   PAGE

16.19
(b) The indemnification agreement
(c) The FAA will indemnify the publisher for - 
504), and any postjudgment interest, if
(d) Except as otherwise provided in
(e) The indemnification agreement
Subpart C - Special Rules Applicable to
16.21 Pre-complaint resolution.
16.23 Pleadings.
16.25 Dismissals.
16.26 Motions to dismiss and motions for
16.27 Incomplete complaints.
16.29 Investigations.
16.31 Director-s determinations after investigations.
16.33 Final decisions without hearing.
16.34 Consent orders.
Subpart D - Special Rules Applicable to
16.101 Basis for the initiation of agency action.
16.103 Notice of investigation.
16.105 Failure to resolve informally.
Subpart E - Proposed Orders of
...

Page 2 -   PAGE

Section 16.1
14 CFR Ch. I (1-1-19 Edition)
16.303 Procedures for handling ex parte
16.305 Requirement to show cause and imposition of sanction.
49 CFR parts 23 and/or 26; and/or grant
47151-47153).
(b) Other agencies. Where a grant assurance concerns a statu...
(c) Other enforcement. If a complaint
(d) Effective date. This part applies to
1115, 1116, 1718(a) and (b), 1719, 1723, 1726, 1727,
40103(e), 40113, 40116, 44502(b), 46101, 46104,
46110, 47104, 47106(e), 47107, 47108, 47111(d),
47122, 47123-47125, 47133, 47151-47153, 48103.
16, 1996, unless otherwise noted.
Subpart A - General Provisions
Section 16.1 Applicability and description of
(a) General. The provisions of this
511(a), 49 U.S.C. 47107, and 49 U.S.C.
47133.
2013]
Section 16.3 Definitions.
...

Page 3 -   PAGE

Section 16.3
12:50 Apr 30, 2019

Page 4 -   PAGE

Section 16.5
14 CFR Ch. I (1-1-19 Edition)
47102(a)(15).
(c) The Chief Counsel, the Assistant
Subpart B - General Rules Applicable to Complaints, Proceedi...
Section 16.11 General processes.
(a) Under the authority of 49 U.S.C.
40113 and 47121, the Director may conduct investigations, is...
(b) Notwithstanding any other provision of this part, upon f...
(c) Other than those matters concerning a Corrective Action ...
2013]
Section 16.5 Separation of functions.
(a) Proceedings under this part, including hearings under su...
(b) After issuance of an initial determination in which the ...
12:50 Apr 30, 2019

Page 5 -   PAGE

Section 16.13
(c) Number of copies. With the exception of electronic filin...
(d) Form. Documents filed under this
(e) Signing of documents and other papers. The original of e...
(f) Designation of person to receive service. The initial do...
(d) The Director may transfer to the
322, as amended; 49 CFR parts 23 and/or
26; and/or grant assurance 30 and/or
2013]
Section 16.13 Filing of documents.
(a) Filing address. Documents filed
(b) Date and method of filing. Filing of
12:50 Apr 30, 2019

Page 6 -   PAGE

Section 16.15
14 CFR Ch. I (1-1-19 Edition)
(g) Docket numbers. Each submission
(h) Electronic filing. (1) The initial
Section 16.13(a) (with the exception that
(i) Internet accessibility of documents
2013]
Section 16.15 Service of documents on the
(a) Whom must be served. Copies of all
(b) Method of service. Except as otherwise agreed by the par...
Section 16.13(b) for filing documents.
12:50 Apr 30, 2019

Page 7 -   PAGE

Section 16.19
(c) Where service shall be made. Service shall be made to th...
(d) Presumption of service. There shall
Section 16.13(f);
(e) Date of service. The date of service
Section 16.19
(a) The date of an act, event, or default, after which a des...
(b) The last day of a time period is
(c) Whenever a party has the right or
2013]
2013]
2013]
Section 16.17
(a) General. An application for an
(b) Form and contents. Unless made
(c) Answers to motions. Except as otherwise provided in this...
(d) Deferred actions on motions. A ruling on a motion made b...
(e) Extension by motion. A party shall
12:50 Apr 30, 2019

Page 8 -   PAGE

Section 16.21
14 CFR Ch. I (1-1-19 Edition)
Subpart C - Special Rules
Section 16.21
(a) Except for those persons filing
(b) Except for complaints filed under
49 CFR 26.105(c), a complaint will be
(c) The certification required under
2013]
Section 16.23 Pleadings.
(a) A person directly and substantially affected by any alle...
49 CFR 26.105(c) may file a complaint
(b) Complaints filed under this part
49 CFR 26.105(c), describe how the complainant was directly ...
(c) Unless the complaint is dismissed
(d) The respondent shall file an answer within 20 days of th...
(e) The complainant may file a reply
(f) The respondent may file a rebuttal
(g) The answer, reply, and rebuttal
(h) The answer shall deny or admit
12:50 Apr 30, 2019
...

Page 9 -   PAGE

Section 16.26
(i) The answer, reply, and rebuttal
(j) Amendments or supplements to
(k) Burden of proof. Except as used in
(l) Except for good cause shown
2013]
Section 16.25
(a) Within 20 days after the receipt of
16.23.
(b) A dismissal under this section
Section 16.26 Motions to dismiss and motions
(a) In lieu of an answer, the respondent may file a motion t...
(b) Motions to dismiss. (1) A motion to
(i) It appears on its face to be outside
16.23.
12:50 Apr 30, 2019

Page 10 -   PAGE

Section 16.27
14 CFR Ch. I (1-1-19 Edition)
(c) Motions for summary judgment. (1)
30 days of the date an answer to a motion is due under this ...
Section 16.27 Incomplete complaints.
(a) If a complaint is not dismissed
(b) Dismissals under this section are
Section 16.29
(a) If, based on the pleadings, there
(b) The investigation may include
46104, and 49 U.S.C. 47122. The Administrator-s statutory au...
2013]
12:50 Apr 30, 2019

Page 11 -   PAGE

Section 16.33
Section 16.31 Director-s Determinations after
(a) After consideration of the pleadings and other informati...
(b)(1) The Director-s Determination
(c) A party adversely affected by the
(d) If the Director-s Determination
47114(c) or (e), or terminate payments
(e) The Director will not consider requests for rehearing, r...
Section 16.33 Final decisions without hearing.
(a) The Associate Administrator may
(b) The Associate Administrator will
(c) In the cases described in paragraph (b) of this section,...
(d) A reply to an appeal brief may be
(e) On appeal, the Associate Administrator will consider the...
(f) Any new issues or evidence presented in an appeal or rep...
12:50 Apr 30, 2019

Page 12 -   PAGE

Section 16.34
14 CFR Ch. I (1-1-19 Edition)
(g) The Associate Administrator will
60 days after the due date of the reply.
(h) If no appeal is filed within the
(i) No requests for rehearing, reargument, reconsideration, ...
Section 16.34
(a) The parties may agree at any
(b) A proposal for a consent order,
(c) If the parties agree to dispose of a
Subpart D - Special Rules Applicable to Proceedings Initiate...
Section 16.101 Basis for
Section 16.29(b).
Section 16.103
Section 16.105
2013]
Subpart E - Proposed Orders of
Section 16.109 Orders terminating eligibility
(a) The agency will provide the opportunity for a hearing if...
12:50 Apr 30, 2019
...

Page 13 -   PAGE

Section 16.201
(b) In a case in which the agency provides the opportunity f...
Section 16.31 will include a statement of the
(i) Request a hearing under subpart F
Section 16.34(c).
(c) The Director may either direct
(d) In the event that the respondent
(e) For those violations that cannot
(f) When the Director concludes that
(g) A complainant-s standing terminates upon the issuance of...
Subpart F - Hearings
Section 16.201
(a) If a respondent is provided the opportunity for hearing ...
12:50 Apr 30, 2019

Page 14 -   PAGE

Section 16.202
14 CFR Ch. I (1-1-19 Edition)
(b) Where there are no genuine issues
2013]
Section 16.202 Powers of a hearing officer.
(a) Give notice of, and hold, prehearing conferences and hea...
(b) Administer oaths and affirmations;
(c) Issue subpoenas authorized by law
(d) Limit the frequency and extent of
(e) Rule on offers of proof;
(f) Receive relevant and material evidence;
(g) Regulate the course of the hearing in accordance with th...
(h) Hold conferences to settle or to
(i) Dispose of procedural motions and
(j) Examine witnesses; and
(k) Make findings of fact and conclusions of law, and issue ...
Section 16.203 Appearances,
(a) Appearances. Any party may appear and be heard in person...
(b) Parties and agency participation. (1)
Subpart shall name the respondent as
2013]
...

Page 15 -   PAGE

Section 16.213
Section 16.209
(a) Extension by oral agreement. The
(b) Extension by motion. A party shall
(c) Failure to rule. If the hearing officer fails to rule on...
(d) Effect on time limits. In a hearing
47111(d), the due date for the hearing
Section 16.211
(a) Prehearing conference notice. The
(b) The prehearing conference. The prehearing conference is ...
(c) Prehearing conference report. At
2013]
Section 16.213
(a) Discovery is limited to requests
12:50 Apr 30, 2019

Page 16 -   PAGE

Section 16.215
14 CFR Ch. I (1-1-19 Edition)
(b) The hearing officer shall limit the
Section 16.215 Depositions.
(a) General. For good cause shown,
(b) Application for deposition. Any
(c) Order authorizing deposition. If
(d) Procedures for deposition. (1) Witnesses whose testimony...
(e) Depositions of agency employees. (1)
2013]
Section 16.217 Witnesses.
(a) Each party may designate as a
(b) The hearing officer may exclude
(c) Any witness may be accompanied
Section 16.219 Subpoenas.
(a) Request for subpoena. A party may
12:50 Apr 30, 2019

Page 17 -   PAGE

Section 16.223
(b) Issuance and service of subpoena.
(c) Motions to quash or modify subpoena. (1) A party or any ...
Section 16.221
(a) The party on whose behalf a witness appears is responsib...
(b) Except for employees of the
Section 16.223
(a) General. A party may submit direct and rebuttal evidence...
(b) Requirement for written testimony
(c) Subpoenaed testimony. Testimony
(d) Cross-examination. A party may
(e) Hearsay evidence. Hearsay evidence is admissible in proc...
(f) Admission of evidence. The hearing
12:50 Apr 30, 2019

Page 18 -   PAGE

Section 16.225
14 CFR Ch. I (1-1-19 Edition)
(g) Expert or opinion witnesses. An employee of the FAA or D...
Section 16.225
(a) Except as provided in this section,
(b) The hearing officer may order
(c) The hearing officer shall grant the
Section 16.227
12, 2013]
Section 16.229
(a) The burden of proof of noncompliance with an Act or any ...
(b) Except as otherwise provided by
(c) A party who has asserted an affirmative defense has the ...
2013]
Section 16.231
Section 16.233
(a) Exclusive record. The transcript of
(b) Examination and copy of record. A
Section 16.235 Argument before the hearing
(a) Argument during the hearing. During the hearing, the hea...
(b) Posthearing briefs. The hearing officer may request or p...
...

Page 19 -   PAGE

Section 16.243
2013]
Section 16.237 Waiver of procedures.
(a) The hearing officer shall waive
(b) Consent to a waiver of any procedural step bars the rais...
(c) The parties may not by consent
Section 16.241 Initial decisions, order, and
(a) The hearing officer shall issue an
(b) Each party adversely affected by
(c) If an appeal is filed, the Associate
(d) If no appeal is filed, and the Associate Administrator d...
(e) The failure to file an appeal is
2013]
Section 16.243 Consent orders.
(a) The agency attorney and the respondents may agree at any...
(b) A proposal for a consent order,
(c) If the issuance of a consent order
(d) The deadline for the hearing officer-s initial decision ...
(e) If the agency attorney and sponsor agree to dispose of a...
12:50 Apr 30, 2019
...

Page 20 -   PAGE

Section 16.245
14 CFR Ch. I (1-1-19 Edition)
2013]
Section 16.245 Associate Administrator review after a hearin...
(a) The Associate Administrator may
(b) After a hearing is held, and, after
Section 16.245(e), if the Associate Administrator determines...
(c) If the Associate Administrator
(d) When the final agency decision
47115. When the Director concludes
47114(c)-(e) and 47115.
(e) On appeal from a hearing officer-s
(f) Any new issues or evidence presented in an appeal or rep...
12:50 Apr 30, 2019

Page 21 -   PAGE

Section 16.303
(g) A Final Agency Decision may be
Subpart G - Judicial Review
16, 1996, unless otherwise noted. Redesignated by Amdt. 16-1...
2013.
Section 16.247 Judicial review of a final decision and order...
(a) A person may seek judicial review, in a United States Co...
47111(d). A party seeking judicial review shall file a petit...
(b) The following do not constitute
16.241(b).
56148, Sept. 12, 2013]
Subpart H - Ex Parte
16, 1996, unless otherwise noted. Redesignated at 78 FR 5614...
Section 16.301 Prohibited ex parte communications.
(a) The prohibitions of this section
(b) Except to the extent required for
12, 2013]
Section 16.303 Procedures for handling ex
(a) All such written communications;
(b) Memoranda stating the substance
(c) All written responses, and memoranda stating the substan...
...

Page 22 -   PAGE

Section 16.305
14 CFR Ch. I (1-1-19 Edition)
Section 16.305 Requirement to show cause
(a) Upon receipt of a communication
Section 16.303, the Associate Administrator or
(b) The Associate Administrator
12, 2013]
PART 17 - PROCEDURES FOR PROTESTS AND CONTRACT DISPUTES
Subpart D - Alternative Dispute Resolution
17.35 Use of alternative dispute resolution.
17.37 Election of alternative dispute resolution process.
17.39 Confidentiality of ADR.
Subpart E - Finality and Review
17.41
17.43
17.45
17.47
Subpart F - Other Matters
17.49 Sanctions.
17.51 Decorum and professional conduct.
17.53 Orders and subpoenas for testimony
...