[Code of Federal Regulations]

[Title 14, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR13.1]



[Page 30-32]

 

                     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. 13.1  Reports of violations.









                   Subpart A_Investigative Procedures



Sec.

13.1 Reports of violations.

13.3 Investigations (general).

13.5 Formal complaints.

13.7 Records, documents and reports.



                    Subpart B_Administrative Actions



13.11 Administrative disposition of certain violations.



                   Subpart C_Legal Enforcement Actions



13.13 Consent orders.

13.14 Civil penalties: General.

13.15 Civil penalties: Other than by administrative assessment.

13.16 Civil penalties: Administrative assessment against a person other 

          than an individual acting as a pilot, flight engineer, 

          mechanic, or repairman. Administrative assessment against all 

          persons for hazardous materials violations.

13.17 Seizure of aircraft.

13.18 Civil penalties: Administrative assessment against an individual 

          acting as a pilot, flight engineer, mechanic, or repairman.



[[Page 31]]



13.19 Certificate action.

13.20 Orders of compliance, cease and desist orders, orders of denial, 

          and other orders.

13.21 Military personnel.

13.23 Criminal penalties.

13.25 Injunctions.

13.27 Final order of Hearing Officer in certificate of aircraft 

          registration proceedings.

13.29 Civil penalties: Streamlined enforcement procedures for certain 

          security violations.



              Subpart D_Rules of Practice for FAA Hearings



13.31 Applicability.

13.33 Appearances.

13.35 Request for hearing.

13.37 Hearing Officer's powers.

13.39 Disqualification of Hearing Officer.

13.41 [Reserved]

13.43 Service and filing of pleadings, motions, and documents.

13.44 Computation of time and extension of time.

13.45 Amendment of notice and answer.

13.47 Withdrawal of notice or request for hearing.

13.49 Motions.

13.51 Intervention.

13.53 Depositions.

13.55 Notice of hearing.

13.57 Subpoenas and witness fees.

13.59 Evidence.

13.61 Argument and submittals.

13.63 Record.



      Subpart E_Orders of Compliance Under the Hazardous Materials 

                           Transportation Act



13.71 Applicability.

13.73 Notice of proposed order of compliance.

13.75 Reply or request for hearing.

13.77 Consent order of compliance.

13.79 Hearing.

13.81 Order of immediate compliance.

13.83 Appeal.

13.85 Filing, service and computation of time.

13.87 Extension of time.



     Subpart F_Formal Fact-Finding Investigation Under an Order of 

                              Investigation



13.101 Applicability.

13.103 Order of investigation.

13.105 Notification.

13.107 Designation of additional parties.

13.109 Convening the investigation.

13.111 Subpoenas.

13.113 Noncompliance with the investigative process.

13.115 Public proceedings.

13.117 Conduct of investigative proceeding or deposition.

13.119 Rights of persons against self-incrimination.

13.121 Witness fees.

13.123 Submission by party to the investigation.

13.125 Depositions.

13.127 Reports, decisions and orders.

13.129 Post-investigation action.

13.131 Other procedures.



        Subpart G_Rules of Practice in FAA Civil Penalty Actions



13.201 Applicability.

13.202 Definitions.

13.203 Separation of functions.

13.204 Appearances and rights of parties.

13.205 Administrative law judges.

13.206 Intervention.

13.207 Certification of documents.

13.208 Complaint.

13.209 Answer.

13.210 Filing of documents.

13.211 Service of documents.

13.212 Computation of time.

13.213 Extension of time.

13.214 Amendment of pleadings.

13.215 Withdrawal of complaint or request for hearing.

13.216 Waivers.

13.217 Joint procedural or discovery schedule.

13.218 Motions.

13.219 Interlocutory appeals.

13.220 Discovery.

13.221 Notice of hearing.

13.222 Evidence.

13.223 Standard of proof.

13.224 Burden of proof.

13.225 Offer of proof.

13.226 Public disclosure of evidence.

13.227 Expert or opinion witnesses.

13.228 Subpoenas.

13.229 Witness fees.

13.230 Record.

13.231 Argument before the administrative law judge.

13.232 Initial decision.

13.233 Appeal from initial decision.

13.234 Petition to reconsider or modify a final decision and order of 

          the FAA decisionmaker on appeal.

13.235 Judicial review of a final decision and order.



          Subpart H_Civil Monetary Penalty Inflation Adjustment



13.301 Scope and purpose.

13.303 Definitions.

13.305 Cost of living adjustments of civil monetary penalties.



[[Page 32]]



         Subpart I_Flight Operational Quality Assurance Programs



13.401 Flight Operational Quality Assurance program: Prohibition against 

          use of data for enforcement purposes.



    Authority: 18 U.S.C. 6002; 28 U.S.C. 2461 (note); 49 U.S.C. 106(g), 

5121-5124, 40113-40114, 44103-44106, 44702-44703, 44709-44710, 44713, 

46101-46110, 46301-46316, 46318, 46501-46502, 46504-46507, 47106, 47111, 

47122, 47306, 47531-47532; 49 CFR 1.47.



    Source: Docket No. 18884, 44 FR 63723, Nov. 5, 1979, unless 

otherwise noted.







    (a) Any person who knows of a violation of the Federal Aviation Act 

of 1958, as amended, the Hazardous Materials Transportation Act relating 

to the transportation or shipment by air of hazardous materials, the 

Airport and Airway Development Act of 1970, the Airport and Airway 

Improvement Act of 1982, the Airport and Airway Improvement Act of 1982 

as amended by the Airport and Airway Safety and Capacity Expansion Act 

of 1987, or any rule, regulation, or order issued thereunder, should 

report it to appropriate personnel of any FAA regional or district 

office.

    (b) Each report made under this section, together with any other 

information the FAA may have that is relevant to the matter reported, 

will be reviewed by FAA personnel to determine the nature and type of 

any additional investigation or enforcement action the FAA will take.



[Doc. No. 18884, 44 FR 63723, Nov. 5, 1979, as amended by Amdt. 13-17, 

53 FR 33783, Aug. 31, 1988]