[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: 14CFR16.109]



[Page 93-94]

 

                     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 E_Proposed Orders of Compliance

 

Sec. 16.109  Orders terminating eligibility for grants, cease and 

desist orders, and other compliance orders.





    This section applies to initial determinations issued under Sec. 

16.31 that provide the opportunity for a hearing.

    (a) The agency will provide the opportunity for a hearing if, in the 

Director's determination, the agency proposes to issue an order 

terminating eligibility for grants pursuant to 49 U.S.C. 47106(e) and 

47111(d), an order suspending the payment of grant funds, an order 

withholding approval of any new application to impose a passenger 

facility charge pursuant to section 112 of the Federal Aviation 

Administration Act of 1994, 49 U.S.C. 47111(e), a cease and desist 

order, an order directing the refund of fees unlawfully collected, or 

any other compliance order issued by the Administrator to carry out the 

provisions of the Acts, and required to be issued after notice and 

opportunity for a hearing. In cases in which a hearing is not required 

by statute, the FAA may provide opportunity for a hearing at its 

discretion.

    (b) In a case in which the agency provides the opportunity for a 

hearing, the Director's determination issued under Sec. 16.31 will 

include a statement of the availability of a hearing under subpart F of 

this part.

    (c) Within 20 days after service of a Director's determination under 

Sec. 16.31 and paragraph (b) of this section, a person subject to the 

proposed compliance order may--

    (1) Request a hearing under subpart F of this part;



[[Page 94]]



    (2) Waive hearing and appeal the Director's determination in writing 

to the Associate Administrator, as provided in Sec. 16.33;

    (3) File, jointly with a complainant, a motion to withdraw the 

complaint and to dismiss the proposed compliance action; or

    (4) Submit, jointly with the agency attorney, a proposed consent 

order under Sec. 16.243(e).

    (d) If the respondent fails to request a hearing or to file an 

appeal in writing within the time periods provided in paragraph (c) of 

this section, the Director's determination becomes final.