[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: 14CFR16.23]



[Page 91-92]

 

                     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 C_Special Rules Applicable to Complaints

 

Sec. 16.23  Complaints, answers, replies, rebuttals, and other documents.



    (a) A person directly and substantially affected by any alleged 

noncompliance may file a complaint with the Administrator. A person 

doing business with an airport and paying fees or rentals to the airport 

shall be considered directly and substantially affected by alleged 

revenue diversion as defined in 49 U.S.C. 47107(b).

    (b) Complaints filed under this part shall--

    (1) State the name and address of each person who is the subject of 

the complaint and, with respect to each person, the specific provisions 

of each Act that the complainant believes were violated;

    (2) Be served, in accordance with Sec. 16.15, along with all 

documents then available in the exercise of reasonable diligence, 

offered in support of the complaint, upon all persons named in the 

complaint as persons responsible for the alleged action(s) or 

omission(s) upon which the complaint is based;

    (3) Provide a concise but complete statement of the facts relied 

upon to substantiate each allegation; and

    (4) Describe how the complainant was directly and substantially 

affected by the things done or omitted to be done by the respondents.

    (c) Unless the complaint is dismissed pursuant to Sec. 16.25 or 

Sec. 16.27, the FAA notifies the complainant and respondents in writing 

within 20 days after the date the FAA receives the complaint that the 

complaint has been docketed and that respondents are required to file an 

answer within 20 days of the date of service of the notification.

    (d) The respondent shall file an answer within 20 days of the date 

of service of the FAA notification.

    (e) The complainant may file a reply within 10 days of the date of 

service of the answer.

    (f) The respondent may file a rebuttal within 10 days of the date of 

service of the complainant's reply.

    (g) The answer, reply, and rebuttal shall, like the complaint, be 

accompanied by supporting documentation upon which the parties rely.

    (h) The answer shall deny or admit the allegations made in the 

complaint or state that the person filing the document is without 

sufficient knowledge or information to admit or deny an allegation, and 

shall assert any affirmative defense.



[[Page 92]]



    (i) The answer, reply, and rebuttal shall each contain a concise but 

complete statement of the facts relied upon to substantiate the answers, 

admissions, denials, or averments made.

    (j) The respondent's answer may include a motion to dismiss the 

complaint, or any portion thereof, with a supporting memorandum of 

points and authorities. If a motion to dismiss is filed, the complainant 

may respond as part of its reply notwithstanding the 10-day time limit 

for answers to motions in Sec. 16.19(c).