100
14 CFR Ch. I (1–1–14 Edition)
§ 16.34
that becomes final, because there is no
administrative appeal, is not judicially
reviewable.
(i) No requests for rehearing, reargu-
ment, reconsideration, or modification
of a final order will be considered with-
out a finding of good cause.
[Amdt. 16–1, 78 FR 56145, Sept. 12, 2013]
§ 16.34
Consent orders.
(a) The parties may agree at any
time before the issuance of a final
agency decision to dispose of the case
by proposing a consent order. Good
faith efforts to resolve a complaint
through issuance of a consent order
may continue throughout the adminis-
trative process. However, except as
provided in § 16.11(a), such efforts may
not serve as the basis for extensions of
the times set forth in this part.
(b) A proposal for a consent order,
specified in paragraph (a) of this sec-
tion, shall include:
(1) A proposed consent order;
(2) An admission of all jurisdictional
facts; and
(3) An express waiver of the right to
further procedural steps and of all
rights of judicial review.
(c) If the parties agree to dispose of a
case by issuance of a consent order be-
fore the FAA issues a Director’s Deter-
mination, the proposal for a consent
order is submitted jointly by the par-
ties to the Director, together with a re-
quest to adopt the consent order and
dismiss the case. The Director may
issue the consent order as an order of
the FAA and terminate the proceeding.
[Amdt. 16–1, 78 FR 56145, Sept. 12, 2013]
Subpart D—Special Rules Applica-
ble to Proceedings Initiated
by the FAA
§ 16.101
Basis for the initiation of
agency action.
The FAA may initiate its own inves-
tigation of any matter within the ap-
plicability of this part without having
received a complaint. The investiga-
tion may include, without limitation,
any of the actions described in
§ 16.29(b).
§ 16.103
Notice of investigation.
Following the initiation of an inves-
tigation under § 16.101, the FAA sends a
notice to the person(s) subject to inves-
tigation. The notice will set forth the
areas of the agency’s concern and the
reasons therefor; request a response to
the notice within 30 days of the date of
service; and inform the respondent that
the FAA will, in its discretion, invite
good faith efforts to resolve the mat-
ter.
§ 16.105
Failure to resolve informally.
If the matters addressed in the FAA
notices are not resolved informally, the
FAA may issue a Director’s Determina-
tion under § 16.31.
[Doc. No. 27783, 61 FR 54004, October 16, 1996,
as amended at Amdt. 16–1, 78 FR 56146, Sept.
12, 2013]
Subpart E—Proposed Orders of
Compliance
§ 16.109
Orders terminating eligibility
for grants, cease and desist orders,
and other compliance orders.
(a) The agency will provide the op-
portunity for a hearing if, in the Direc-
tor’s determination, the agency issues
or proposes to issue an order termi-
nating eligibility for grants pursuant
to 49 U.S.C. 47106(d), an order sus-
pending the payment of grant funds
pursuant to 49 U.S.C. 47111(d); an order
withholding approval of any new appli-
cation to impose a passenger facility
charge pursuant to 49 U.S.C. 47111(e); a
cease and desist order; an order direct-
ing the refund of fees unlawfully col-
lected; or any other compliance order
issued by the Administrator to carry
out the provisions of the Acts, and re-
quired to be issued after notice and op-
portunity for a hearing. In cases in
which a hearing is not required by stat-
ute, the FAA may provide opportunity
for a hearing at its discretion.
(b) In a case in which the agency pro-
vides the opportunity for a hearing, the
Director’s Determination issued under
§ 16.31 will include a statement of the
availability of a hearing under subpart
F of this part.
(1) Within 20 days after service of a
Director’s Determination under § 16.31
that provides an opportunity for a
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