[Code of Federal Regulations]
[Title 14, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR16.33]

[Page 95-96]
 
                     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

[[Page 96]]

that becomes final because there is no administrative appeal is not 
judicially reviewable.