[Code of Federal Regulations]
[Title 49, Volume 6]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR821.31]

[Page 186-187]
 
                        TITLE 49--TRANSPORTATION
 
                              SAFETY BOARD
 
PART 821--RULES OF PRACTICE IN AIR SAFETY PROCEEDINGS--Table of Contents
 
Subpart D--Special Rules Applicable to Proceedings Under 49 U.S.C. 44709
 
Sec. 821.31  Complaint procedure.

    (a) Filing, time of filing and service on respondent. The order of 
the Administrator from which an appeal has been taken shall serve as the 
complaint. The Administrator shall (except as provided in Sec. 821.55(a) 
with respect to emergency proceedings) file the complaint with the Board 
within 10 days after the date on which he or she was served with the 
appeal by the respondent, and shall simultaneously serve a copy of the 
complaint on the respondent. If the Administrator has determined that 
the respondent lacks qualification to be a certificate holder, the order 
filed as the complaint, or an accompanying statement, shall identify the 
pleaded factual allegations on which this determination is based.
    (b) Answer to complaint. The respondent shall (except as provided in 
Sec. 821.55(b) with respect to emergency proceedings) file with the 
Board an answer to the complaint within 20 days after the date on which 
the complaint was served by the Administrator, and shall simultaneously 
serve a copy of the answer on the Administrator. Failure by the 
respondent to deny the truth of any allegation or allegations in the 
complaint may be deemed an admission of the truth of the allegation

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or allegations not answered. The answer shall also identify any 
affirmative defenses that the respondent intends to raise at the 
hearing. The answer may be amended to include affirmative defenses in 
accordance with the provisions of Sec. 821.12(a).