---
kind: "section"
citation: "14 C.F.R. § 16.109"
title: "14"
number: "16.109"
heading: "Orders terminating eligibility for grants, cease and desist orders, and other compliance orders."
url: "https://uscodex.org/cfr/14/16.109"
---

# §16.109. Orders terminating eligibility for grants, cease and desist orders, and other compliance orders.

- (a) The agency will provide the opportunity for a hearing if, in the Director's determination, the agency issues or proposes to issue an order terminating eligibility for grants pursuant to [49 U.S.C. 47106(d)](/usc/49/47106.md?p=d), an order suspending the payment of grant funds pursuant to [49 U.S.C. 47111(d)](/usc/49/47111.md?p=d); an order withholding approval of any new application to impose a passenger facility charge pursuant to [49 U.S.C. 47111(e)](/usc/49/47111.md?p=e); a cease and desist order; an order directing the refund of fees unlawfully collected; or any other compliance order issued by the Administrator to carry out the provisions of the Acts, and required to be issued after notice and opportunity for a hearing. In cases in which a hearing is not required by statute, the FAA may provide opportunity for a hearing at its discretion.
- (b) In a case in which the agency provides the opportunity for a hearing, the Director's Determination issued under [§ 16.31](/cfr/14/16.31.md) will include a statement of the availability of a hearing under [subpart F](/cfr/14/subpartF.md) of this part.
  - (1) Within 20 days after service of a Director's Determination under [§ 16.31](/cfr/14/16.31.md) that provides an opportunity for a hearing a person subject to the proposed compliance order may—
    - (i) Request a hearing under subpart F of this part;
    - (ii) Waive hearing and appeal the Director's Determination in writing, as provided in [§ 16.33](/cfr/14/16.33.md);
    - (iii) File, jointly with a complainant, a motion to withdraw the complaint and to dismiss the proposed compliance action; or
    - (iv) Submit, jointly with the agency, a proposed consent order under [§ 16.34(c)](/cfr/14/16.34.md?p=c).
  - (2) If the respondent fails to file an appeal in writing within the time periods provided in [paragraph (c)](#c) of this section, the Director's Determination becomes final.
- (c) The Director may either direct the respondent to submit a Corrective Action Plan or initiate proceedings to revoke and/or deny the respondent's application for Airport Improvement Program discretionary grants under [49 U.S.C. 47115](/usc/49/47115.md) and general aviation airport grants under [49 U.S.C. 47114(d)](/usc/49/47114.md?p=d) when a Director's Determination finds a respondent in noncompliance and does not provide for a hearing.
- (d) In the event that the respondent fails to submit, in accordance with a Director's Determination, a Corrective Action Plan acceptable to the FAA within the time provided, unless extended by the FAA for good cause, and/or if the respondent fails to complete the Corrective Action Plan as specified therein, the Director may initiate action to revoke and/or deny applications for Airport Improvement Program discretionary grants under [49 U.S.C. 47115](/usc/49/47115.md) and general aviation airport grants under [49 U.S.C. 47114(d)](/usc/49/47114.md?p=d).
- (e) For those violations that cannot be remedied through corrective action, the Director may initiate action to revoke and/or deny the respondent's applications for Airport Improvement Program discretionary grants under [49 U.S.C. 47115](/usc/49/47115.md) and general aviation airport grants under [49 U.S.C. 47114(d)](/usc/49/47114.md?p=d).
- (f) When the Director concludes that the respondent has fully complied with the Corrective Action Plan and/or when the Director determines that the respondent has corrected the areas of noncompliance, the Director will terminate the proceeding.
- (g) A complainant's standing terminates upon the issuance of a Director's Determination that finds a respondent in noncompliance on all identified issues. The complainant may not appeal the Director's Determination if the Director finds noncompliance on all identified issues.

## Notes

### Amendments

[Amdt. 16-1, 78 FR 56146, Sept. 12, 2013]

### Authority

Authority: 49 U.S.C. 106(g), 322, 1110, 1111, 1115, 1116, 1718(a) and (b), 1719, 1723, 1726, 1727, 40103(e), 40113, 40116, 44502(b), 46101, 46104, 46110, 47104, 47106(e), 47107, 47108, 47111(d), 47122, 47123-47125, 47133, 47151-47153, 48103.

### Source

Source: Docket No. 27783, 61 FR 54004, Oct. 16, 1996, unless otherwise noted.

### Amendments

[Amdt. 16-1, 78 FR 56146, Sept. 12, 2013]