[Code of Federal Regulations]
[Title 14, Volume 1]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR13.5]

[Page 31-32]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 13--INVESTIGATIVE AND ENFORCEMENT PROCEDURES--Table of Contents
 
                   Subpart A--Investigative Procedures
 
Sec. 13.5  Formal complaints.

    (a) Any person may file a complaint with the Administrator with 
respect to anything done or omitted to be done by any person in 
contravention of any provision of any Act or of any regulation or order 
issued under it, as to matters within the jurisdiction of the 
Administrator. This section does not apply to complaints against the 
Administrator or employees of the FAA acting within the scope of their 
employment.
    (b) Complaints filed under this section must--
    (1) Be submitted in writing and identified as a complaint filed for 
the purpose of seeking an appropriate order or other enforcement action;
    (2) Be submitted to the Federal Aviation Administration, Office of 
the Chief Counsel, Attention: Enforcement Docket (AGC-10), 800 
Independence Avenue, S.W., Washington, DC 20591;
    (3) Set forth the name and address, if known, of each person who is 
the subject of the complaint and, with respect to each person, the 
specific provisions of the Act or regulation or order that the 
complainant believes were violated;
    (4) Contain a concise but complete statement of the facts relied 
upon to substantiate each allegation;
    (5) State the name, address and telephone number of the person 
filing the complaint; and
    (6) Be signed by the person filing the complaint or a duly 
authorized representative.
    (c) Complaints which do not meet the requirements of paragraph (b) 
of this section will be considered reports under Sec. 13.1.
    (d) Complaints which meet the requirements of paragraph (b) of this 
section will be docketed and a copy mailed to each person named in the 
complaint.
    (e) Any complaint filed against a member of the Armed Forces of the 
United States acting in the performance of official duties shall be 
referred to the Secretary of the Department concerned for action in 
accordance with the procedures set forth in Sec. 13.21 of this part.
    (f) The person named in the complaint shall file an answer within 20 
days after service of a copy of the complaint.
    (g) After the complaint has been answered or after the allotted time 
in which to file an answer has expired, the Administrator shall 
determine if there

[[Page 32]]

are reasonable grounds for investigating the complaint.
    (h) If the Administrator determines that a complaint does not state 
facts which warrant an investigation or action, the complaint may be 
dismissed without a hearing and the reason for the dismissal shall be 
given, in writing, to the person who filed the complaint and the person 
named in the complaint.
    (i) If the Administrator determines that reasonable grounds exist, 
an informal investigation may be initiated or an order of investigation 
may be issued in accordance with Subpart F of this part, or both. Each 
person named in the complaint shall be advised which official has been 
delegated the responsibility under Sec. 13.3(b) or (c) for conducting 
the investigation.
    (j) If the investigation substantiates the allegations set forth in 
the complaint, a notice of proposed order may be issued or other 
enforcement action taken in accordance with this part.
    (k) The complaint and other pleadings and official FAA records 
relating to the disposition of the complaint are maintained in current 
docket form in the Enforcement Docket (AGC-10), Office of the Chief 
Counsel, Federal Aviation Administration, 800 Independence Avenue, S.W., 
Washington, D. C. 20591. Any interested person may examine any docketed 
material at that office, at any time after the docket is established, 
except material that is ordered withheld from the public under 
applicable law or regulations, and may obtain a photostatic or duplicate 
copy upon paying the cost of the copy.

(Secs. 313(a), 314(a), 601 through 610, and 1102 of the Federal Aviation 
Act of 1958 (49 U.S.C. 1354(a), 1421 through 1430, 1502); sec. 6(c), 
Dept. of Transportation Act (49 U.S.C. 1655(c)))

[Doc. No 13-14, 44 FR 63723, Nov. 5, 1979; as amended by Amdt. 13-16, 45 
FR 35307, May 27, 1980; Amdt. 13-19, 54 FR 39290, Sept. 25, 1989]