[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: 14CFR16.241]

[Page 95-96]
 
                     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 G--Initial Decisions, Orders and Appeals
 
Sec. 16.241  Initial decisions, order, and appeals.


    (a) The hearing officer shall issue an initial decision based on the 
record developed during the proceeding and shall send the initial 
decision to the parties not later than 110 days after the Director's 
determination unless otherwise provided in the hearing order.
    (b) Each party adversely affected by the hearing officer's initial 
decision may file an appeal with the Associate Administrator within 15 
days of the date the initial decision is issued. Each party may file a 
reply to an appeal within 10 days after it is served on the party. 
Filing and service of appeals and replies shall be by personal delivery.
    (c) If an appeal is filed, the Associate Administrator reviews the 
entire record and issues a final agency decision and order within 30 
days of the due date of the reply. If no appeal is filed, the Associate 
Administrator may take review of the case on his or her own motion. If 
the Associate Administrator finds that the respondent is not in 
compliance with any Act or any regulation, agreement, or document of 
conveyance issued or made under such Act, the final agency order 
includes a statement of corrective action, if appropriate, and 
identifies sanctions for continued noncompliance.
    (d) If no appeal is filed, and the Associate Administrator does not 
take review of the initial decision on the Associate Administrator's own 
motion, the initial decision shall take effect as the final agency 
decision and order on the sixteenth day after the actual date the 
initial decision is issued.

[[Page 96]]

    (e) The failure to file an appeal is deemed a waiver of any rights 
to seek judicial review of an initial decision that becomes a final 
agency decision by operation of paragraph (d) of this section.
    (f) If the Associate Administrator takes review on the Associate 
Administrator's own motion, the Associate Administrator issues a notice 
of review by the sixteenth day after the actual date the initial 
decision is issued.
    (1) The notice sets forth the specific findings of fact and 
conclusions of law in the initial decision that are subject to review by 
the Associate Administrator.
    (2) Parties may file one brief on review to the Associate 
Administrator or rely on their posthearing briefs to the hearing 
officer. Briefs on review shall be filed not later than 10 days after 
service of the notice of review. Filing and service of briefs on review 
shall be by personal delivery.
    (3) The Associate Administrator issues a final agency decision and 
order within 30 days of the due date of the briefs on review. If the 
Associate Administrator finds that the respondent is not in compliance 
with any Act or any regulation, agreement or document of conveyance 
issued under such Act, the final agency order includes a statement of 
corrective action, if appropriate, and identifies sanctions for 
continued noncompliance.