(2)
Submit to the agency attorney identi.ed in the material accompanying the notice any of the following :

(i)
Written information, including documents and witness statements, de-monstrating that a violation of the regulations did not occur or that a penalty orthepenalty amountis notwarrantedby the circumstances; or

(ii)
A written request to reduce the proposed civil penalty, the amount of reduction, and the reasons and any documents supporting a reduction of theproposed civilpenalty,including recordsindicating a .nancialinability to pay or records showing that payment of the proposed civil penalty wouldpreventthepersonfrom continuing inbusiness; or

′
Elodie Roux. Septembre 2003
Subpart C : Legal Enforcement Actions
(iii) A written request for an informal conference to discuss the matter with an agency attorney and submit relevantinformation ordocuments; or
(3) Request a hearing in which case a complaint shall be .led with the hearing docket clerk.
(c)
Final noticeof violation and civilpenalty assessment order.A.nal notice of violation and civilpenalty assessment order(”.nal notice and order”) maybeissued after participationin anyinformalproceedings asprovidedinparagraph(b)(2) of this section, or afterfailure of the respondent to respondin a timely manner to a notice of violation. A .nal notice and order will be sent to the individual charged with a violation. The .nal notice and order will contain a statement of the charges and the amount of theproposed civilpenalty and, as a result ofinformation submitted to the agency attorney during any informal procedures, may re.ect a modi.ed allegation or proposed civil penalty. A .nal notice and order may be issued –

(1)
If theperson charged with a violationfails to respond to the notice of violation within30days after receipt of that notice; or

(2)
Ifthepartiesparticipatedin any informalprocedures underparagraph(b)(2) of this section and the parties have not agreed to compromise the action or the agency attorney has not agreed to withdraw the notice of violation.

(d)
Order assessing civil penalty. An order assessing civil penalty may be issued after notice and opportunity for a hearing. A person charged with a violation may be subject to an order assessing civil penalty in the following circumstances :

(1)
An order assessing civil penalty may be issued if a person charged with a violation submits, or agrees to submit, the amount of civil penalty proposed in the notice of violation.

(2)
An order assessing civil penalty may be issued if a person charged with a violation submits, or agrees to submit, an agreed-upon amount of civilpenalty that is not re.ected in either the notice of violation or the .nal notice and order.

(3)
The .nal noticeand orderbecomes(andcontainsastatementsoindicating) an order assessing a civil penalty when the person charged with a violation submitstheamountof theproposed civilpenalty thatisre.ectedinthe .nal notice and order.

(4)
The .nal noticeand orderbecomes(andcontainsastatementsoindicating) an order assessing a civil penalty 16 days after receipt of the .nal notice and order, unless not later than 15 days after receipt of the .nal notice and order, the person charged with a violation does one of the following –

(i)
Submits an agreed-upon amount of civil penalty that is not re.ected in the .nal notice and order, in which case an order assessing civil penalty or a compromise order shallbeissuedinthat amount; or

(ii)
Requests a hearing in which case a complaint shall be .led with the hearing docket clerk.

(5)
Unless an appeal is .led with the FAA decisionmaker in a timely manner, an initial decision or order of an administrative law judge shall be considered anorderassessing civilpenaltyifanadministrativelawjudge .ndsthatan alleged violation occurred and determines that a civil penalty, in an amount foundtobe appropriateby the administrativelawjudge,is warranted.
　
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本文鏈接地址：FAA規(guī)章 美國(guó)聯(lián)邦航空規(guī)章 Federal Aviation Regulations 1(41)