91 

Federal Aviation Administration, DOT 

§ 16.3 

FAA, as appropriate. An agency attor-
ney shall not include the Chief Coun-
sel; the Assistant Chief Counsel for 
Litigation, or any attorney on the staff 
of the Assistant Chief Counsel for Liti-
gation, who advises the Associate Ad-
ministrator regarding an initial deci-
sion of the hearing officer or any ap-
peal 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 Air-
ports or a designee. For the purposes of 
this part only, Associate Adminis-
trator also means the Assistant Ad-
ministrator for Civil Rights or a des-
ignee for complaints that the FAA As-
sociate Administrator for Airports 
transfers to the Assistant Adminis-
trator for Civil Rights. 

Complainant  means the person sub-

mitting a complaint. 

Complaint  means a written document 

meeting the requirements of this part 
and filed under this part: 

(1) By a person directly and substan-

tially affected by anything allegedly 
done or omitted to be done by any per-
son 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 al-
leged to have violated a provision of 49 
CFR parts 23 and/or 26. 

Decisional employee means the Admin-

istrator, Deputy Administrator, Asso-
ciate 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, Di-
rector also means the Deputy Assistant 
Administrator for Civil Rights for com-
plaints that the Director of the FAA 
Office of Airport Compliance and Man-
agement Analysis transfers to the Dep-
uty 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 re-
quests for status reports on any matter 
or proceeding covered by this part, or 
communications between FAA employ-
ees 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 Coun-
sel 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 Re-
gional or Center Counsel and attorneys 
in the FAA region or center in which 
the noncompliance has allegedly oc-
curred or is occurring; the Assistant 
Chief Counsel and attorneys in the Air-
ports and Environmental Law Division 
of the FAA Office of the Chief Counsel; 
and the Assistant Chief Counsel and at-
torneys 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 re-
quired 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. 

Party  means the complainant(s) and 

the respondent(s) named in the com-
plaint and, after an initial determina-
tion providing an opportunity for hear-
ing is issued under § 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). 

VerDate Mar<15>2010 

10:12 Mar 18, 2014

Jkt 232046

PO 00000

Frm 00101

Fmt 8010

Sfmt 8010

Y:\SGML\232046.XXX

232046

pmangrum on DSK3VPTVN1PROD with CFR