[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: 14CFR13.5]



[Page 33-34]

 

                     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 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



[[Page 34]]



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]