[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: 14CFR16.243]



[Page 99-100]

 

                     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. 16.243  Consent orders.



    (a) The agency attorney and the respondents may agree at any time 

before the issuance of a final decision and order to dispose of the case 

by issuance of a consent order. Good faith efforts to resolve a 

complaint through issuance of a consent order may continue throughout 

the administrative process. Except as provided in Sec. 16.209, such 

efforts may not serve as the basis for extensions of the times set forth 

in this part.

    (b) A proposal for a consent order, specified in paragraph (a) of 

this section, shall include:



[[Page 100]]



    (1) A proposed consent order;

    (2) An admission of all jurisdictional facts;

    (3) An express waiver of the right to further procedural steps and 

of all rights of judicial review; and

    (4) The hearing order, if issued, and an acknowledgment that the 

hearing order may be used to construe the terms of the consent order.

    (c) If the issuance of a consent order has been agreed upon by all 

parties to the hearing, the proposed consent order shall be filed with 

the hearing officer, along with a draft order adopting the consent 

decree and dismissing the case, for the hearing officer's adoption.

    (d) The deadline for the hearing officer's initial decision and the 

final agency decision is extended by the amount of days elapsed between 

the filing of the proposed consent order with the hearing officer and 

the issuance of the hearing officer's order continuing the hearing.

    (e) If the agency attorney and sponsor agree to dispose of a case by 

issuance of a consent order before the FAA issues a hearing order, the 

proposal for a consent order is submitted jointly to the official 

authorized to issue a hearing order, together with a request to adopt 

the consent order and dismiss the case. The official authorized to issue 

the hearing order issues the consent order as an order of the FAA and 

terminates the proceeding.