[Code of Federal Regulations]

[Title 14, Volume 4]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR300.20]



[Page 272-273]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

   CHAPTER II--OFFICE OF THE SECRETARY, DEPARTMENT OF TRANSPORTATION 

                         (AVIATION PROCEEDINGS)

 

PART 300_RULES OF CONDUCT IN DOT PROCEEDINGS UNDER THIS CHAPTER--Table 

of Contents

 

Sec. 300.20  Violations.



    (a) DOT may disqualify, and deny temporarily or permanently the 

privilege of appearing or practicing before it in any way to, any person 

who is found by DOT after written notice of charges and hearing to have 

engaged in unethical or improper professional conduct. Any violation of 

this part shall be deemed to be such conduct.

    (b) When appropriate in the public interest, DOT may deny any 

application or other request of a party in a proceeding subject to this 

part where DOT finds after hearing that such party has, in connection 

with any DOT proceeding, violated any of the provisions of this part or 

any of the provisions of Chapter 11 of Title 18 of the United States 

Code. DOT may also condition its further consideration of such party's 

application or other request or the effectiveness of any order granting 

such application or other request upon



[[Page 273]]



such party's first taking such action as DOT may deem necessary or 

appropriate to remedy the violation of this part or Chapter 11 of Title 

18 of the United States Code to prevent or deter any repetition of such 

violation. DOT may in addition issue a cease and desist order against 

any repetition of such or similar misconduct.

    (c) The actions authorized by this section may take place within the 

framework of the matter during or concerning which the violations occur 

or in a separate matter, as the DOT decisionmaker or the presiding 

administrative law judge may direct. A complaint alleging that a 

violation has occurred in the course of a matter shall be filed in the 

docket or appropriate public file of such matter unless such complaint 

is made after DOT's decision of the matter has become final, in which 

event such complaint may be filed pursuant to part 302, subpart D of the 

rules of practice. A violation in the course of a matter which may be 

attributable to or affect the fitness of a party will ordinarily either 

be disposed of within the framework of such matter or be considered 

within the context of any subsequent matter involving the interests of 

such party. Other violations will ordinarily be disposed of in a 

separate proceeding.

    (d) In the case of any violation of the provisions of this part, the 

violator may be subject to civil penalties under the provisions of 49 

U.S.C. 46301. The violator may also be subject to a proceeding brought 

under 49 U.S.C. 46101 before the Department, or sections 46106 through 

46108 of the Statute before a U.S. District Court, as the case may be, 

to compel compliance with civil penalties which have been imposed.



[Docket No. 82, 50 FR 2380, Jan. 16, 1985, as amended at 60 FR 43528, 

Aug. 22, 1995; 65 FR 6456, Feb. 9, 2000]