Elodie Roux. Septembre 2003
Subpart D : Rules of Practice for FAA Hearings
Chapitre 8
Subpart E : Orders of Compliance Under the Hazardous Materials Transportation Act
Sommaire
FAR13.71:Applicability..................... 86 FAR 13.73 : Notice of proposed order of compliance. . . . . . 86 FAR13.75:Reply orrequestforhearing. . . . . . . . . . . . 86 FAR 13.77 : Consent order of compliance. . . . . . . . . . . . 86 FAR13.79:Hearing........................ 87 FAR 13.81 : Order of immediate compliance. . . . . . . . . . 87 FAR13.83:Appeal. ....................... 88 FAR 13.85 : Filing, service and computation of time. . . . . . 88 FAR13.87:Extensionoftime. ................. 89
85
FAR 13.71 : Applicability.
Whenever theChiefCounsel, theAssistantChiefCounsel,Enforcement, theAssistant Chief Counsel, Europe, Africa, and Middle East Area O.ce, or a Regional Counsel has reason to believe that a person is engaging in the transportation or shipment by air of hazardous materials in violation of the Hazardous Materials Transportation Act, or any regulation or orderissued underitfor whichtheFAA exercises enforcement responsibility, and the circumstances do not require the issuance of an order of immediate compliance, he may conduct proceedings pursuant to section 109 of that Act (49 U.S.C. 1808) to determine the nature and extent of the violation, and may thereafter issue an order directing compliance.
FAR 13.73 : Notice of proposed order of compliance.
A compliance order proceeding commences when the Chief Counsel, the Assistant Chief Counsel, Enforcement, the Assistant Chief Counsel, Europe, Africa, and Middle East Area O.ce, or a Regional Counsel sends the alleged violator a notice of proposed order of compliance advising the alleged violator of the charges and setting forth the remedial action sought in the form of a proposed order of compliance.
FAR 13.75 : Reply or request for hearing.
(a)
Within 30 days after service upon the alleged violator of a notice of proposed order of compliance, the alleged violator may –
(1)
File a reply in writing withthe o.cial whoissued the notice; or
(2)
Request a hearing in accordance with Subpart D of this part.
(b)
If areplyis .led,astoany chargesnotdismissed ornot subjecttoaconsent orderof compliance, the alleged violator may, within 10days after receipt of notice that the remaining chargesarenotdismissed,requestahearingin accordancewithSubpart D of this part.
(c)
Failure of the alleged violator to .le a reply or request a hearing within the period providedinparagraph(a) or(b) of thissection –
(1)
Constitutes a waiver of the right to a hearing and the right to an appeal, and
(2)
Authorizes the o.cial who issued the notice to .nd the facts to be as alleged in the notice and to issue an appropriate order directing compliance, without further notice or proceedings.
FAR 13.77 : Consent order of compliance.
(a)
At any time before the issuance of an order of compliance, the o.cial who issued thenotice and thealleged violatormay agreetodisposeof the caseby theissuance of a consent order of compliance by the o.cial.
(b)
Aproposalfor a consent ordersubmitted tothe o.cial whoissued the notice under this section must include –
(1)
Aproposed order of compliance;
(2)
An admission of alljurisdictionalfacts;
(3)
An express waiver of right to further procedural steps and of all rights to judicialreview;
(4)
An incorporation by reference of the notice and an acknowledgement that the notice may be used to construe the terms of the order of compliance; and
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