[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: 14CFR16.33]



[Page 93]

 

                     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. 16.33  Final decisions without hearing.



    (a) The Associate Administrator will issue a final decision on 

appeal from the Director's determination, without a hearing, where--

    (1) The complaint is dismissed after investigation;

    (2) A hearing is not required by statute and is not otherwise made 

available by the FAA; or

    (3) The FAA provides opportunity for a hearing to the respondent and 

the respondent waives the opportunity for a hearing as provided in 

subpart E of this part.

    (b) In the cases described in paragraph (a) of this section, a party 

adversely affected by the Director's determination may file an appeal 

with the Associate Administrator within 30 days after the date of 

service of the initial determination.

    (c) A reply to an appeal may be filed with the Associate 

Administrator within 20 days after the date of service of the appeal.

    (d) The Associate Administrator will issue a final decision and 

order within 60 days after the due date of the reply.

    (e) If no appeal is filed within the time period specified in 

paragraph (b) of this section, the Director's determination becomes the 

final decision and order of the FAA without further action. A Director's 

determination that becomes final because there is no administrative 

appeal is not judicially reviewable.