[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: 14CFR13.83]

[Page 48]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 13--INVESTIGATIVE AND ENFORCEMENT PROCEDURES--Table of Contents
 
     Subpart E--Orders of Compliance Under the Hazardous Materials 
                           Transportation Act
 
Sec. 13.83  Appeal.

    (a) Any party to the hearing may appeal from the order of the 
Hearing Officer by filing a notice of appeal with the Administrator 
within 20 days after the date of issuance of the order.
    (b) Any person against whom an order of immediate compliance has 
been issued in accordance with Sec. 13.81 or the official who issued the 
order of immediate compliance may appeal from the order of the Hearing 
Officer by filing a notice of appeal with the Administrator within three 
days after the date of issuance of the order by the Hearing Officer.
    (c) Unless the Administrator expressly so provides, the filing of a 
notice of appeal does not stay the effectiveness of an order of 
immediate compliance.
    (d) If a notice of appeal is not filed from the order of compliance 
issued by a Hearing Officer, such order is the final agency order of 
compliance.
    (e) Any person filing an appeal authorized by paragraph (a) of this 
section shall file an appeal brief with the Administrator within 40 days 
after the date of the issuance of the order, and serve a copy on the 
other party. Any reply brief must be filed within 20 days after service 
of the appeal brief. A copy of the reply brief must be served on the 
appellant.
    (f) Any person filing an appeal authorized by paragraph (b) of this 
section shall file an appeal brief with the Administrator with the 
notice of appeal and serve a copy on the other party. Any reply brief 
must be filed within 3 days after receipt of the appeal brief. A copy of 
the reply brief must be served on the appellant.
    (g) On appeal the Administrator reviews the available record of the 
proceeding, and issues an order dismissing, reversing, modifying or 
affirming the order of compliance or the order of immediate compliance. 
The Administrator's order includes the reasons for the action.
    (h) In cases involving an order of immediate compliance, the 
Administrator's order on appeal is issued within ten days after the 
filing of the notice of appeal.