98
14 CFR Ch. I (1–1–14 Edition)
§ 16.27
dismissal of specified claims or issues
in the complaint.
(2) The motion for summary judg-
ment shall be accompanied by a con-
cise statement of the material facts as
to which the respondent contends there
is no genuine issue of material fact.
The motion may include affidavits and
documentary evidence in support of the
contention that there is no genuine
issue of material fact in dispute.
(3) A complainant may file an answer
to the motion for summary judgment
within 10 days of the date the motion is
served on the complainant, or within
any other period set by the Director.
The answer shall be accompanied by a
concise statement of the material facts
as to which the complainant contends
there is a genuine issue, and may be ac-
companied by affidavits and other doc-
umentary evidence in support of that
contention.
(4) Within 30 days of the date an an-
swer to a motion for summary judg-
ment is due under this section, the Di-
rector may issue an order disposing of
the motion. If the Director denies the
motion in whole or in part, or grants
the motion in part, then within 20 days
of when the order is served on the re-
spondent, the respondent shall file an
answer to the complaint.
(5) If the Director does not act on the
motion for summary judgment within
30 days of the date an answer to a mo-
tion is due under this section, the re-
spondent shall file an answer to the
complaint within the next 20 days.
[Amdt. 16–1, 78 FR 56144, Sept. 12, 2013]
§ 16.27
Incomplete complaints.
(a) If a complaint is not dismissed
pursuant to § 16.25, but is deficient as to
one or more of the requirements set
forth in § 16.21 or § 16.23(b), the Director
will dismiss the complaint within 20
days after receiving it. Dismissal will
be without prejudice to the refiling of
the complaint after amendment to cor-
rect the deficiencies. The Director’s
dismissal will include the reasons for
the dismissal.
(b) Dismissals under this section are
not initial determinations, and appeals
from decisions under this section will
not be permitted.
[Amdt. 16–1, 78 FR 56144, Sept. 12, 2013]
§ 16.29
Investigations.
(a) If, based on the pleadings, there
appears to be a reasonable basis for fur-
ther investigation, the FAA inves-
tigates the subject matter of the com-
plaint.
(b) The investigation may include
one or more of the following, at the
sole discretion of the FAA:
(1) A review of the written submis-
sions or pleadings of the parties, as
supplemented by any informal inves-
tigation the FAA considers necessary
and by additional information fur-
nished by the parties at FAA request.
In rendering its initial determination,
the FAA may rely entirely on the com-
plaint and the responsive pleadings
provided under this subpart. Each
party shall file documents that it con-
siders sufficient to present all relevant
facts and argument necessary for the
FAA to determine whether the sponsor
is in compliance.
(2) Obtaining additional oral and doc-
umentary evidence by use of the agen-
cy’s authority to compel production of
such evidence under 49 U.S.C. 40113 and
46104, and 49 U.S.C. 47122. The Adminis-
trator’s statutory authority to issue
compulsory process has been delegated
to the Chief Counsel, the Deputy Chief
Counsel, the Assistant Chief Counsel
for Airports and Environmental Law,
and each Assistant Chief Counsel for a
region or center.
(3) Conducting or requiring that a
sponsor conduct an audit of airport fi-
nancial records and transactions as
provided in 49 U.S.C. 47107 and 47121.
[Doc. No. 27783, 61 FR 54004, October 16, 1996,
as amended at Amdt. 16–1 78 FR 56145, Sept.
12, 2013]
§ 16.31
Director’s Determinations after
investigations.
(a) After consideration of the plead-
ings and other information obtained by
the FAA after investigation, the Direc-
tor will render an initial determination
and serve it upon each party within 120
days of the date the last pleading speci-
fied in § 16.23 was due.
(b)(1) The Director’s Determination
shall include findings of fact and con-
clusions of law, accompanied by expla-
nations and based upon all material
issues of fact, credibility of the evi-
dence, law and discretion presented on
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