---
kind: "section"
citation: "14 C.F.R. § 302.606"
title: "14"
number: "302.606"
heading: "Review of complaints or requests for determination."
url: "https://uscodex.org/cfr/14/302.606"
---

# §302.606. Review of complaints or requests for determination.

- (a) Within thirty (30) days after a complaint or request for determination is filed under this subpart, the Secretary will determine whether the complaint or request meets the procedural requirements of this subpart and whether a significant dispute exists, and take appropriate action pursuant to paragraph [(b)](#b), [(c)](#c), or [(d)](#d) of this section. When both a complaint and a request for determination have been filed with respect to the same airport fee or fees, the Secretary will issue a determination as to whether the complaint, the request, or both meet the procedural requirements of this subpart and whether a significant dispute exists within thirty (30) days after the complaint is filed.
- (b) If the Secretary determines that a significant dispute exists, he or she will issue an instituting order assigning the complaint or request for hearing before an administrative law judge. The instituting order will—
  - (1) Establish the scope of the issues to be considered and the procedures to be employed;
  - (2) Indicate the parties to participate in the hearing;
  - (3) Consolidate into a single proceeding all complaints and any request for determination with respect to the fee or fees in dispute; and
  - (4) **Include any special provisions for exchange or disclosure of information by the parties.**
- (c) If the Secretary determines that the complaint or request does not meet the procedural requirements of this subpart, the complaint or request for determination will be dismissed without prejudice to filing a new complaint. The order of the Secretary will set forth the terms and conditions under which a revised complaint or request may be filed.
- (d) If the Secretary finds that no significant dispute exists—
  - (1) If the proceeding was instituted by a complaint, the Secretary will issue an order dismissing the complaint, which will contain a concise explanation of the reasons for the determination that the dispute is not significant.
  - (2) If the proceeding was instituted by a request for determination, the Secretary will either issue a final order as provided in [§ 302.610](/cfr/14/302.610.md) or set forth the schedule for any additional procedures required to complete the proceeding.

## Notes

### 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.