45 

Federal Aviation Administration, DOT 

§ 13.20 

(1) Admit the charges and surrender 

his or her certificate; 

(2) Answer the charges in writing; 
(3) Request that an order be issued in 

accordance with the notice of proposed 
certificate action so that the certifi-
cate holder may appeal to the National 
Transportation Safety Board, if the 
charges concerning a matter under 
Title VI of the FA Act; 

(4) Request an opportunity to be 

heard in an informal conference with 
the FAA counsel; or 

(5) Request a hearing in accordance 

with Subpart D of this part if the 
charges concern a matter under Title V 
of the FA Act. 

Except as provided in § 13.35(b), unless 
the certificate holder returns the form 
and, where required, an answer or mo-
tion, with a postmark of not later than 
15 days after the date of receipt of the 
notice, the order of the Administrator 
is issued as proposed. If the certificate 
holder has requested an informal con-
ference with the FAA counsel and the 
charges concern a matter under Title V 
of the FA Act, the holder may after 
that conference also request a formal 
hearing in writing with a postmark of 
not later than 10 days after the close of 
the conference. After considering any 
information submitted by the certifi-
cate holder, the Chief Counsel, the As-
sistant Chief Counsel for Regulations 
and Enforcement, the Regional Counsel 
concerned, or the Aeronautical Center 
Counsel (as to matters under Title V of 
the FA Act) issues the order of the Ad-
ministrator, except that if the holder 
has made a valid request for a formal 
hearing on a matter under Title V of 
the FA Act initially or after an infor-
mal conference, Subpart D of this part 
governs further proceedings. 

(d) Any person whose certificate is 

affected by an order issued under this 
section may appeal to the National 
Transportation Safety Board. If the 
certificate holder files an appeal with 
the Board, the Administrator’s order is 
stayed unless the Administrator ad-
vises the Board that an emergency ex-
ists and safety in air commerce re-
quires that the order become effective 
immediately. If the Board is so advised, 
the order remains effective and the 
Board shall finally dispose of the ap-
peal within 60 days after the date of 

the advice. This paragraph does not 
apply to any person whose Certificate 
of Aircraft Registration is affected by 
an order issued under this section. 

[Doc. No. 13–14, 44 FR 63723, Nov. 5, 1979, as 
amended by Amdt. 13–15, 45 FR 20773, Mar. 31, 
1980; Amdt. 13–19, 54 FR 39290, Sept. 25, 1989; 
Amdt. 13–29, 62 FR 46865, Sept. 4, 1997; 75 FR 
41979, July 20, 2010] 

§ 13.20

Orders of compliance, cease 

and desist orders, orders of denial, 
and other orders. 

(a) This section applies to orders of 

compliance, cease and desist orders, or-
ders of denial, and other orders issued 
by the Administrator to carry out the 
provisions of the Federal Aviation Act 
of 1958, as amended, the Hazardous Ma-
terials Transportation Act, the Airport 
and Airway Development Act of 1970, 
and the Airport and Airway Improve-
ment Act of 1982, or the Airport and 
Airway Improvement Act of 1982 as 
amended by the Airport and Airway 
Safety and Capacity Expansion Act of 
1987. This section does not apply to or-
ders issued pursuant to section 602 or 
section 609 of the Federal Aviation Act 
of 1958, as amended. 

(b) Unless the Administrator deter-

mines that an emergency exists and 
safety in air commerce requires the 
immediate issuance of an order under 
this section, the person subject to the 
order shall be provided with notice 
prior to issuance. 

(c) Within 30 days after service of the 

notice, the person subject to the order 
may reply in writing or request a hear-
ing in accordance with Subpart D of 
this part. 

(d) If a reply is filed, as to any 

charges not dismissed or not subject to 
a consent order, the person subject to 
the order may, within 10 days after re-
ceipt of notice that the remaining 
charges are not dismissed, request a 
hearing in accordance with Subpart D 
of this part. 

(e) Failure to request a hearing with-

in the period provided in paragraphs (c) 
or (d) of this section— 

(1) Constitutes a waiver of the right 

to appeal and the right to a hearing, 
and 

(2) Authorizes the official who issued 

the notice to find the facts to be as al-
leged in the notice, or as modified as 

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