[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: 14CFR16.241]



[Page 99]

 

                     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 G_Initial Decisions, Orders and Appeals

 

Sec. 16.241  Initial decisions, order, and appeals.





    (a) The hearing officer shall issue an initial decision based on the 

record developed during the proceeding and shall send the initial 

decision to the parties not later than 110 days after the Director's 

determination unless otherwise provided in the hearing order.

    (b) Each party adversely affected by the hearing officer's initial 

decision may file an appeal with the Associate Administrator within 15 

days of the date the initial decision is issued. Each party may file a 

reply to an appeal within 10 days after it is served on the party. 

Filing and service of appeals and replies shall be by personal delivery.

    (c) If an appeal is filed, the Associate Administrator reviews the 

entire record and issues a final agency decision and order within 30 

days of the due date of the reply. If no appeal is filed, the Associate 

Administrator may take review of the case on his or her own motion. If 

the Associate Administrator finds that the respondent is not in 

compliance with any Act or any regulation, agreement, or document of 

conveyance issued or made under such Act, the final agency order 

includes a statement of corrective action, if appropriate, and 

identifies sanctions for continued noncompliance.

    (d) If no appeal is filed, and the Associate Administrator does not 

take review of the initial decision on the Associate Administrator's own 

motion, the initial decision shall take effect as the final agency 

decision and order on the sixteenth day after the actual date the 

initial decision is issued.

    (e) The failure to file an appeal is deemed a waiver of any rights 

to seek judicial review of an initial decision that becomes a final 

agency decision by operation of paragraph (d) of this section.

    (f) If the Associate Administrator takes review on the Associate 

Administrator's own motion, the Associate Administrator issues a notice 

of review by the sixteenth day after the actual date the initial 

decision is issued.

    (1) The notice sets forth the specific findings of fact and 

conclusions of law in the initial decision that are subject to review by 

the Associate Administrator.

    (2) Parties may file one brief on review to the Associate 

Administrator or rely on their posthearing briefs to the hearing 

officer. Briefs on review shall be filed not later than 10 days after 

service of the notice of review. Filing and service of briefs on review 

shall be by personal delivery.

    (3) The Associate Administrator issues a final agency decision and 

order within 30 days of the due date of the briefs on review. If the 

Associate Administrator finds that the respondent is not in compliance 

with any Act or any regulation, agreement or document of conveyance 

issued under such Act, the final agency order includes a statement of 

corrective action, if appropriate, and identifies sanctions for 

continued noncompliance.