(b)
Oral decision.Except asprovidedinparagraph(c) of this section, atthe conclusion of thehearing, the administrativelawjudge shallissue theinitialdecision and order orally on the record.
(c)
Written decision.The administrativelawjudge mayissue a writteninitialdecision not later than 30 days after the conclusion of the hearing or submission of the
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Elodie Roux. Septembre 2003
Subpart G : Rules of Practice in FAA Civil Penalty Actions
lastposthearingbriefiftheadministrativelawjudge .ndsthatissuing awritten initial decision is reasonable. The administrative law judge shall serve a copy of any writteninitialdecision on eachparty.
(d)
Order assessing civil penalty. Unless appealed pursuant to r13.233 of this subpart, theinitialdecisionissuedby theadministrativelawjudge shallbe considered an orderassessing civilpenaltyiftheadministrativelawjudge .ndsthatanalleged violation occurred and determines that a civil penalty, in an amount found appro-priateby the administrativelawjudge,is warranted.
FAR 13.233 : Appeal from initial decision.
(a)
Notice of appeal. A party may appeal the initial decision, and any decision not previously appealedpursuant to r13.219,by .ling anoticeof appeal with theFAA decisionmaker. A party shall .le the notice of appeal with the Federal Aviation Administration, 800 Independence Avenue, SW., Room 924A, Washington, DC 20591, Attention : Appellate Docket Clerk. A party shall .le the notice of appeal notlater than10days after entry of the oralinitialdecision on the record or service of the written initial decision on the parties and shall serve a copy of the notice of appeal on each party.
(b)
Issues on appeal. A party may appeal only the following issues :
(1)
Whether each .ling of fact is supported by a preponderance of reliable, pro-bative, and substantial evidence;
(2)
Whether each conclusion of law is made in accordance with applicable law, precedent, andpublicpolicy; and
(3)
Whether the administrativelawjudge committed anyprejudicial errorsduring the hearing that support the appeal.
(c)
Perfecting an appeal. Unless otherwise agreedby theparties, aparty shallperfect an appeal, not later than 50 days after entry of the oral initial decision on the record orserviceof thewritteninitialdecisionontheparty,by .ling anappealbrief with the FAA decisionmaker.
(1)
Extension of timeby agreementof theparties.Theparties may agree to extend the time forperfecting the appeal with the consent of theFAAdecisionmaker. If the FAA decisionmaker grants an extension of time to perfect the appeal, the appellate docket clerk shall serve a letter con.rming the extension of time on eachparty.
(2)
Written motion for extension. If the parties do not agree to an extension of timeforperfecting anappeal,apartydesiring anextensionof timemay .lea written motion for an extension with the FAA decisionmaker and shall serve a copy of the motion on each party. The FAA decisionmaker may grant an extension if good cause for the extension is shown in the motion.
(d)
Appeal briefs. A party shall .le the appeal brief with the FAA decisionmaker and shall serve a copy ofthe appealbrief on eachparty.
(1) A party shall set forth, in detail, the party’s speci.c objections to the initial decision or rulingsin the appealbrief.Apartyalso shall setforth,indetail, the basisforthe appeal,the reasons supportingthe appeal,andthe relief requested in the appeal. If the party relies on evidence contained in the record for the appeal, the party shall speci.cally refer to the pertinent evidence contained in the transcript in the appeal brief.
(2) The FAA decisionmaker may dismiss an appeal, on the FAA decisionmaker’s own initiative or upon motion of any other party, where a party has .led a noticeof appealbutfailstoperfecttheappealby timely .ling anappealbrief with the FAA decisionmaker.
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