Code of Federal Regulations - Title 14

109

Federal Aviation Administration, DOT

§ 16.305

(g) A Final Agency Decision may be

appealed in accordance with subpart G
of this part.

[Amdt. 16–1, 78 FR 56147, Sept. 12, 2013]

Subpart G—Judicial Review

OURCE

: Doc. No. 27783, 61 FR 54004, Octo-

ber 16, 1996. Redesignated at Amdt. 16–1, 78
FR 56148, Sept. 12, 2013.

§ 16.247

Judicial review of a final deci-

sion and order.

(a) A person may seek judicial re-

view, in a United States Court of Ap-
peals, of a final decision and order of
the Associate Administrator, and of an
order of dismissal with prejudice issued
by the Director, as provided in 49
U.S.C. 46110 or 49 U.S.C. 47106(d) and
47111(d). A party seeking judicial re-
view shall file a petition for review
with the Court not later than 60 days
after the order has been served on the
party or within 60 days after the entry
of an order under 49 U.S.C. 46110.

(b) The following do not constitute

final decisions and orders subject to ju-
dicial review:

(1) An FAA decision to dismiss a

complaint without prejudice, as set
forth in § 16.27;

(2) A Director’s Determination;
(3) An initial decision issued by a

hearing officer at the conclusion of a
hearing;

(4) A Director’s Determination or an

initial decision of a hearing officer be-
comes the final decision of the Asso-
ciate Administrator because it was not
appealed within the applicable time pe-
riods provided under §§ 16.33(c) and
16.241(b).

[Doc. No. 27783, 61 FR 54004, October 16, 1996.
Redesignated and amended by Amdt. 16–1, 78
FR 56148, Sept. 12, 2013]

Subpart H—Ex Parte

Communications

OURCE

: Doc. No. 27783, 61 FR 54004, Octo-

ber 16, 1996. Redesignated at 78 FR 56148,
Sept. 12, 2013.

§ 16.301

Prohibited ex parte commu-

nications.

(a) The prohibitions of this section

shall apply from the time a proceeding

is noticed for hearing unless the person
responsible for the communication has
knowledge that it will be noticed, in
which case the prohibitions shall apply
at the time of the acquisition of such
knowledge.

(b) Except to the extent required for

the disposition of ex parte matters as
authorized by law:

(1) No interested person outside the

FAA and no FAA employee partici-
pating as a party shall make or know-
ingly cause to be made to any
decisional employee an ex parte com-
munication relevant to the merits of
the proceeding;

(2) No FAA employee shall make or

knowingly cause to be made to any in-
terested person outside the FAA an ex
parte communication relevant to the
merits of the proceeding; or

(3) Ex parte communications regard-

ing solely matters of agency procedure
or practice are not prohibited by this
section.

[Doc. No. 27783, 61 FR 54004, October 16, 1996.
Redesignated at Amdt. 16–1, 78 FR 56148,
Sept. 12, 2013]

§ 16.303

Procedures for handling ex

parte communications.

A decisional employee who receives

or who makes or knowingly causes to
be made a communication prohibited
by § 16.303 shall place in the public
record of the proceeding:

(a) All such written communications;
(b) Memoranda stating the substance

of all such oral communications; and

randa stating the substance of all oral
responses, to the materials described in
paragraphs (a) and (b) of this section.

[Doc. No. 27783, 61 FR 54004, October 16, 1996.
Redesignated at Amdt. 16–1, 78 FR 56148,
Sept. 12, 2013]

§ 16.305

Requirement to show cause

and imposition of sanction.

(a) Upon receipt of a communication

knowingly made or knowingly caused
to be made by a party in violation of
§ 16.303, the Associate Administrator or
his designee or the hearing officer may,
to the extent consistent with the inter-
ests of justice and the policy of the un-
derlying statutes, require the party to
show cause why his or her claim or in-
terest in the proceeding should not be

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