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Notes

14 C.F.R. §§ 13.73–13.77

3 sections in range

§13.73. Notice of proposed order of compliance.

14 C.F.R. § 13.73

The Chief Counsel, a Deputy Chief Counsel, or the Assistant Chief Counsel for Enforcement may issue to an alleged violator a notice of proposed order of compliance advising the alleged violator of the charges and setting forth the remedial action sought in the form of a proposed order of compliance.
Notes, amendments, and revision history

Source

Source: Docket No. FAA-2018-1051; Amdt. No. 13-40, 86 FR 54536, Oct. 1, 2021, unless otherwise noted.

Authority

Authority: 18 U.S.C. 6002; 28 U.S.C. 2461 note; 49 U.S.C. 106(g), 5121-5124, 40113-40114, 44103-44106, 44701-44704, 44709-44710, 44713, 44725, 44742, 44802 (note), 46101-46111, 46301, 46302 (for a violation of 49 U.S.C. 46504), 46304-46316, 46318-46320, 46501-46502, 46504, 46507, 47106, 47107, 47111, 47122, 47306, 47531-47532; 49 CFR 1.83.

Source

Source: Docket No. 18884, 44 FR 63723, Nov. 5, 1979, unless otherwise noted.

§13.75. Reply or request for hearing.

14 C.F.R. § 13.75

(a)
Within 30 days after service upon the alleged violator of a notice of proposed order of compliance, the alleged violator may—
(1)
Submit a written reply;
(2)
Submit a written request for an informal conference to discuss the matter with an agency attorney; or
(3)
Request a hearing in accordance with subpart D of this part.
(b)
If, after an informal conference is held or a reply is filed, the agency attorney notifies the person named in the notice that some or all of the proposed agency action will not be withdrawn or will not be subject to a consent order of compliance, the alleged violator may, within 10 days after receiving the agency attorney's notification, request a hearing in accordance with subpart D of this part.
(c)
Failure of the alleged violator to file a reply or request a hearing within the period provided in paragraph (a) or (b) of this section, as applicable—
(1)
Constitutes a waiver of the right to a hearing under subpart D of this part and the right to petition for judicial review; and
(2)
Authorizes the Administrator to make any appropriate findings of fact and to issue an appropriate order of compliance, without further notice or proceedings.
Notes, amendments, and revision history

Source

Source: Docket No. FAA-2018-1051; Amdt. No. 13-40, 86 FR 54536, Oct. 1, 2021, unless otherwise noted.

Authority

Authority: 18 U.S.C. 6002; 28 U.S.C. 2461 note; 49 U.S.C. 106(g), 5121-5124, 40113-40114, 44103-44106, 44701-44704, 44709-44710, 44713, 44725, 44742, 44802 (note), 46101-46111, 46301, 46302 (for a violation of 49 U.S.C. 46504), 46304-46316, 46318-46320, 46501-46502, 46504, 46507, 47106, 47107, 47111, 47122, 47306, 47531-47532; 49 CFR 1.83.

Source

Source: Docket No. 18884, 44 FR 63723, Nov. 5, 1979, unless otherwise noted.

§13.77. Consent order of compliance.

14 C.F.R. § 13.77

(a)
At any time before the issuance of an order of compliance, an agency attorney and the alleged violator may agree to dispose of the case by the issuance of a consent order of compliance.
(b)
The alleged violator may submit a proposed consent order to an agency attorney. The proposed consent order must include—
(1)
An admission of all jurisdictional facts;
(2)
An express waiver of the right to further procedural steps and of all rights to legal review in any forum;
(3)
An express waiver of attorney's fees and costs;
(4)
If a notice has been issued prior to the proposed consent order of compliance, an incorporation by reference of the notice and an acknowledgement that the notice may be used to construe the terms of the consent order of compliance; and
(5)
If a request for hearing is pending in any forum, a provision that the alleged violator will withdraw the request for a hearing and request that the case be dismissed.
Notes, amendments, and revision history

Source

Source: Docket No. FAA-2018-1051; Amdt. No. 13-40, 86 FR 54536, Oct. 1, 2021, unless otherwise noted.

Authority

Authority: 18 U.S.C. 6002; 28 U.S.C. 2461 note; 49 U.S.C. 106(g), 5121-5124, 40113-40114, 44103-44106, 44701-44704, 44709-44710, 44713, 44725, 44742, 44802 (note), 46101-46111, 46301, 46302 (for a violation of 49 U.S.C. 46504), 46304-46316, 46318-46320, 46501-46502, 46504, 46507, 47106, 47107, 47111, 47122, 47306, 47531-47532; 49 CFR 1.83.

Source

Source: Docket No. 18884, 44 FR 63723, Nov. 5, 1979, unless otherwise noted.