107 

Federal Aviation Administration, DOT 

§ 16.243 

(c) The parties may not by consent 

waive the obligation of the hearing of-
ficer to enter an initial decision on the 
record. 

§ 16.241

Initial decisions, order, and 

appeals. 

(a) The hearing officer shall issue an 

initial decision based on the record de-
veloped during the proceeding and shall 
send the initial decision to the parties 
not later than 110 days after the Direc-
tor’s Determination unless otherwise 
provided in the hearing order. 

(b) Each party adversely affected by 

the hearing officer’s initial decision 
may file an appeal with the Associate 
Administrator within 15 days of the 
date the initial decision is issued. Each 
party may file a reply to an appeal 
within 10 days after it is served on the 
party. Filing and service of appeals and 
replies shall be by personal delivery. 

(c) If an appeal is filed, the Associate 

Administrator reviews the entire 
record and issues a final agency deci-
sion and order within 60 days of the due 
date of the reply. If no appeal is filed, 
the Associate Administrator may take 
review of the case on his or her own 
motion. If the Associate Administrator 
finds that the respondent is not in 
compliance with any Act or any regu-
lation, agreement, or document of con-
veyance issued or made under such 
Act, the final agency order includes, in 
accordance with § 16.245(d), a statement 
of corrective action, if appropriate, and 
identifies sanctions for continued non-
compliance. 

(d) If no appeal is filed, and the Asso-

ciate Administrator does not take re-
view of the initial decision on the Asso-
ciate Administrator’s own motion, the 
initial decision shall take effect as the 
final agency decision and order on the 
sixteenth day after the actual date the 
initial decision is issued. 

(e) The failure to file an appeal is 

deemed a waiver of any rights to seek 
judicial review of an initial decision 
that becomes a final agency decision 
by operation of paragraph (d) of this 
section. 

[Doc. No. 27783, 61 FR 54004, October 16, 1996, 
as amended at Amdt. 16–1, 78 FR 56147, Sept. 
12, 2013] 

§ 16.243

Consent orders. 

(a) The agency attorney and the re-

spondents may agree at any time be-
fore the issuance of a final decision and 
order to dispose of the case by issuance 
of a consent order. Good faith efforts to 
resolve a complaint through issuance 
of a consent order may continue 
throughout the administrative process. 
Except as provided in § 16.209, such ef-
forts may not serve as the basis for ex-
tensions 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; 

(3) An express waiver of the right to 

further procedural steps and of all 
rights of judicial review; and 

(4) The hearing order, if issued, and 

an acknowledgment that the hearing 
order may be used to construe the 
terms of the consent order. 

(c) If the issuance of a consent order 

has been agreed upon by all parties to 
the hearing, the proposed consent order 
shall be filed with the hearing officer, 
along with a draft order adopting the 
consent decree and dismissing the case, 
for the hearing officer’s adoption. 

(d) The deadline for the hearing offi-

cer’s initial decision and the final 
agency decision is extended by the 
amount of days elapsed between the fil-
ing of the proposed consent order with 
the hearing officer and the issuance of 
the hearing officer’s order continuing 
the hearing. 

(e) If the agency attorney and spon-

sor agree to dispose of a case by 
issuance of a consent order before the 
FAA issues a hearing order, the pro-
posal for a consent order is submitted 
jointly to the official authorized to 
issue a hearing order, together with a 
request to adopt the consent order and 
dismiss the case. The official author-
ized to issue the hearing order issues 
the consent order as an order of the 
FAA and terminates the proceeding. 

[Doc. No. 27783, 61 FR 54004, October 16, 1996, 
as amended at Amdt. 16–1, 78 FR 56147, Sept. 
12, 2013] 

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