57
Federal Aviation Administration, DOT
§ 13.202
the Presiding Officer with reasonable
notice to the party under investiga-
tion. Such depositions shall be taken
before the Presiding Officer or other
person authorized to administer oaths
and designated by the Presiding Offi-
cer. The testimony shall be reduced to
writing by the person taking the depo-
sition, or under the direction of that
person, and where possible shall then
be subscribed by the deponent. Any
person may be compelled to appear and
testify and to produce physical and
documentary evidence.
§ 13.127
Reports, decisions and orders.
The Presiding Officer shall issue a
written report based on the record de-
veloped during the formal investiga-
tion, including a summary of principal
conclusions. A summary of principal
conclusions shall be prepared by the of-
ficial who issued the order of investiga-
tion in every case which results in no
action, or no action as to a particular
party to the investigation. All such re-
ports shall be furnished to the parties
to the investigation and filed in the
public docket. Insertion of the report
in the Public Docket shall constitute
‘‘entering of record’’ and publication as
prescribed by section 313(b) of the Fed-
eral Aviation Act.
§ 13.129
Post-investigation action.
A decision on whether to initiate
subsequent action shall be made on the
basis of the record developed during
the formal investigation and any other
information in the possession of the
Administrator.
§ 13.131
Other procedures.
Any question concerning the scope or
conduct of a formal investigation not
covered in this subpart may be ruled on
by the Presiding Officer on motion of
the Presiding Officer, or on the motion
of a party or a person testifying or pro-
ducing evidence.
Subpart G—Rules of Practice in
FAA Civil Penalty Actions
S
OURCE
: Amdt. 13–21, 55 FR 27575, July 3,
1990, unless otherwise noted.
§ 13.201
Applicability.
(a) This subpart applies to all civil
penalty actions initiated under § 13.16
of this part in which a hearing has been
requested.
(b) This subpart applies only to pro-
ceedings initiated after September 7,
1988. All other cases, hearings, or other
proceedings pending or in progress be-
fore September 7, 1988, are not affected
by the rules in this subpart.
[Amdt. 13–21, 55 FR 27575, July 3, 1990, as
amended by Amdt. 13–32; 69 FR 59497, Oct. 4,
2004]
§ 13.202
Definitions.
Administrative law judge means an ad-
ministrative law judge appointed pur-
suant to the provisions of 5 U.S.C. 3105.
Agency attorney means the Deputy
Chief Counsel for Operations, the As-
sistant Chief Counsel, Enforcement,
the Assistant Chief Counsel, Europe,
Africa, and Middle East Area Office,
each Regional Counsel, the Aero-
nautical Center Counsel, or the Tech-
nical Center Counsel, or an attorney on
the staff of the Assistant Chief Coun-
sel, Enforcement, the Assistant Chief
Counsel, Europe, Africa, and Middle
East Area Office, each Regional Coun-
sel, the Aeronautical Center Counsel,
or the Technical Center Counsel who
prosecutes a civil penalty action. An
agency attorney shall not include:
(1) The Chief Counsel, the Deputy
Chief Counsel for Policy and Adjudica-
tion, or the Assistant Chief Counsel for
Litigation;
(2) Any attorney on the staff of the
Assistant Chief Counsel for Litigation;
(3) Any attorney who is supervised in
a civil penalty action by a person who
provides such advice to the FAA deci-
sionmaker in that action or a factu-
ally-related action.
Attorney means a person licensed by a
state, the District of Columbia, or a
territory of the United States to prac-
tice law or appear before the courts of
that state or territory.
Complaint means a document issued
by an agency attorney alleging a viola-
tion of a provision of the Federal avia-
tion statute listed in the first sentence
of 49 U.S.C. 46301(d)(2) or in 49 U.S.C.
47531, or of the Federal hazardous ma-
terials transportation statute, 49
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