[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: 14CFR13.83]



[Page 51-52]

 

                     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



[[Page 52]]



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.