[Code of Federal Regulations]
[Title 14, Volume 1]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR16.109]

[Page 89-90]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 16--RULES OF PRACTICE FOR FEDERALLY-ASSISTED AIRPORT ENFORCEMENT PROCEEDINGS--Table of Contents
 
                Subpart E--Proposed Orders of Compliance
 
Sec. 16.109  Orders terminating eligibility for grants, cease and desist orders, and other compliance orders.


    This section applies to initial determinations issued under 
Sec. 16.31 that provide the opportunity for a hearing.
    (a) The agency will provide the opportunity for a hearing if, in the 
Director's determination, the agency proposes to issue an order 
terminating eligibility for grants pursuant to 49 U.S.C. 47106(e) and 
47111(d), an order suspending the payment of grant funds, an order 
withholding approval of any new application to impose a passenger 
facility charge pursuant to section 112 of the Federal Aviation 
Administration Act of 1994, 49 U.S.C. 47111(e), a cease and desist 
order, an order directing the refund of fees unlawfully collected, or 
any other compliance order issued by the Administrator to carry out the 
provisions of the Acts, and required to be issued after notice and 
opportunity for a hearing. In cases in which a hearing is not required 
by statute, the FAA may provide opportunity for a hearing at its 
discretion.
    (b) In a case in which the agency provides the opportunity for a 
hearing, the Director's determination issued under Sec. 16.31 will 
include a statement of the availability of a hearing under subpart F of 
this part.
    (c) Within 20 days after service of a Director's determination under 
Sec. 16.31 and paragraph (b) of this section, a person subject to the 
proposed compliance order may--
    (1) Request a hearing under subpart F of this part;

[[Page 90]]

    (2) Waive hearing and appeal the Director's determination in writing 
to the Associate Administrator, as provided in Sec. 16.33;
    (3) File, jointly with a complainant, a motion to withdraw the 
complaint and to dismiss the proposed compliance action; or
    (4) Submit, jointly with the agency attorney, a proposed consent 
order under Sec. 16.243(e).
    (d) If the respondent fails to request a hearing or to file an 
appeal in writing within the time periods provided in paragraph (c) of 
this section, the Director's determination becomes final.