---
kind: "section"
citation: "14 C.F.R. § 302.406"
title: "14"
number: "302.406"
heading: "Procedure for responding to formal complaints."
url: "https://uscodex.org/cfr/14/302.406"
---

# §302.406. Procedure for responding to formal complaints.

- (a) Within a reasonable time after an answer to a formal complaint is filed, the Assistant General Counsel shall either:
  - (1) Issue a notice instituting a formal enforcement proceeding in accordance with [§ 302.407](/cfr/14/302.407.md) or
  - (2) **Issue an order dismissing the complaint in whole or in part, stating the reasons for such dismissal.**
- (b) An order dismissing a complaint issued pursuant to [paragraph (a)(2)](#a-2) of this section shall become effective as a final order of the Department thirty (30) days after service thereof.
- (c) Whenever the Assistant General Counsel has failed to act on a formal complaint within a reasonable time after an answer is due, the following motions may be addressed to the General Counsel:
  - (1) By the complainant to institute an enforcement proceeding by docketing the complaint upon a showing that it is in the public interest to do so; and
  - (2) **By the respondent to dismiss the complaint upon a showing that it is in the public interest to do so.**
- (d) The General Counsel may grant, deny, or defer any of the motions, in whole or in part, and take appropriate action to carry out his or her decision.

## Notes

### Amendments

[Docket No. OST-97-2090, 65 FR 6457, Feb. 9, 2000, as amended at 84 FR 15936, Apr. 16, 2019]

### Authority

Authority: 39 U.S.C. 5402; 42 U.S.C. 4321, 49 U.S.C. Subtitle I and Chapters 401, 411, 413, 415, 417, 419, 461, 463, and 471.

### Source

Source: Docket No. OST-97-2090, 65 FR 6457, Feb. 9, 2000, unless otherwise noted.

### Amendments

[Docket No. OST-97-2090, 65 FR 6457, Feb. 9, 2000, as amended at 84 FR 15936, Apr. 16, 2019]