FAR 13.20 : Orders of compliance, cease and desist orders, orders of denial, and other orders.
(a)
This section applies to orders ofcompliance, cease anddesist orders, orders ofdenial, and other orders issued by the Administrator to carry out the provisions of the FederalAviationAct of1958, as amended, theHazardousMaterialsTransportation Act, theAirportandAirwayDevelopmentAct of1970, and theAirport andAirway Improvement Act of 1982, or the Airport and Airway Improvement Act of 1982 as amended by the Airport and Airway Safety and Capacity Expansion Act of 1987. This sectiondoes not apply to ordersissuedpursuantto section602 orsection609 of the Federal Aviation Act of 1958, as amended.
(b)
Unless the Administrator determines that an emergency exists and safety in air commerce requirestheimmediateissuance of an order under this section,theperson subject to the order shall be provided with notice prior to issuance.
(c)
Within30daysafterserviceof the notice,thepersonsubjecttothe ordermay reply in writing or request a hearing in accordance with Subpart D of this part.
(d)
If a reply is .led, as to any charges not dismissed or not subject to a consent order, theperson subjecttothe ordermay, within10daysafter receipt of noticethatthe remaining chargesarenotdismissed,requestahearingin accordancewithSubpart D of this part.
(e)
Failureto request ahearing within theperiodprovidedinparagraphs(c) or(d) of this section –
(1)
Constitutes a waiver of the right to appeal and the right to a hearing, and
(2)
Authorizes the o.cial who issued the notice to .nd the facts to be as alleged in the notice, or as modi.ed as the o.cial may determine necessary based on any written response, and to issue an appropriate order, without further notice orproceedings.
(f)
If a hearing is requested in accordance with paragraph (c) or (d) of this section, the procedure of Subpart D of this part applies. At the close of the hearing, the Hearing O.cer, on the record or subsequently in writing, shall set forth .ndings and conclusions and the reasons therefor, and either –
(1)
Dismiss the notice; or
(2)
Issue an order.
(g)
Anyparty tothehearing may appealfromtheorderof theHearing O.cerby .ling anotice of appeal with theAdministratorwithin20daysafterthedateofissuance of the order.
(h)
If a notice of appeal is not .led from the order issued by a Hearing O.cer, such order is the .nal agency order.
(i)
Anyperson .ling anappeal authorizedbyparagraph(g) ofthissectionshall .lean appeal brief with the Administrator within 40 days after the date of issuance of the order, and serve a copy on the other party. A reply brief must be .led within 20 days after service of the appeal brief and a copy served on the appellant.
(j)
On appeal the Administrator reviews the available record of the proceeding, and issues an order dismissing, reversing, modifying or a.rming the order. The Admi-nistrator’s order includes the reasons for the Administrator’s action.
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