§ 13.20. Orders of compliance, cease and desist orders, orders of denial, and other orders.
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/us/cfr/t14/s§ 13.20·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)General. This section applies to all of the following:
(1)Orders of compliance;
(2)Cease and desist orders;
(3)Orders of denial;
(4)Orders suspending or revoking a certificate of registration (but not revocation of a certificate of registration because the aircraft was used to carry out or facilitate an activity punishable, under a law of the United States or a State related to a controlled substance (except a law related to simple possession of a controlled substance), by death or imprisonment for more than one year and the owner of the aircraft permitted the use of the aircraft knowing that the aircraft was to be used for the activity); and
(5)Other orders issued by the Administrator to carry out the provisions of the Federal aviation statute codified at 49 U.S.C. subtitle VII that apply this section by statute, rule, regulation, or order, or for which there is no specific administrative process provided by statute, rule, regulation, or order.
(b)Applicability of procedures.
(1)Prior to the issuance of a non-immediately effective order covered by this section, the Administrator will provide the person who would be subject to the order with notice, advising the person of the charges or other reasons upon which the proposed action is based, and the provisions in paragraph
(c)of this section apply.
(2)If the Administrator is of the opinion that an emergency exists related to safety in air commerce and requires immediate action and issues an order covered by this section that is immediately effective, the provisions of paragraph
(d)of this section apply.
(c)Non-emergency procedures.
(1)Within 30 days after service of the notice, the person subject to the notice may:
(i)Submit a written reply;
(ii)Agree to the issuance of the order as proposed in the notice of proposed action, waiving any right to contest or appeal the agreed-upon order issued under this option in any administrative or judicial forum;
(iii)Submit a written request for an informal conference to discuss the matter with an agency attorney; or
(iv)Request a hearing in accordance with the non-emergency procedures of subpart D of this part.
(2)After an informal conference is held or a reply is filed, if the agency attorney notifies the person that some or all of the proposed agency action will not be withdrawn, the person may, within 10 days after receiving the agency attorney's notification, request a hearing on the parts of the proposed agency action not withdrawn, in accordance with the non-emergency procedures of subpart D of this part.
(3)If a hearing is requested in accordance with paragraph (c)(1)(iv) or (c)(2) of this section, the non-emergency procedures of subpart D of this part apply.
(4)Failure to request a hearing within the periods provided in paragraph (c)(1)(iv) or (c)(2) of this section:
(i)Constitutes a waiver of the right to a hearing and appeal; and
(ii)Authorizes the agency to make appropriate findings of fact and to issue an appropriate order without further notice or proceedings.
(d)Emergency procedures.
(1)If the Administrator is of the opinion that an emergency exists related to safety in air commerce and requires immediate action, the Administrator issues simultaneously:
(i)An immediately effective order that expires 80 days after the date of issuance and sets forth the charges or other reasons upon which the order is based; and
(ii)A notice of proposed action that:
(A)Sets forth the charges or other reasons upon which the notice of proposed action is based; and
(B)Advises that within 10 days after service of the notice, the person may appeal the notice by requesting an expedited hearing in accordance with the emergency procedures of subpart D of this part.
(2)The Administrator will serve the immediately effective order and the notice of proposed action together by personal or overnight delivery and by certified or registered mail to the person subject to the order and notice of proposed action.
(3)Failure to request a hearing challenging the notice of proposed action under the expedited procedures in subpart D of this part within 10 days after service of the notice:
(i)Constitutes a waiver of the right to a hearing and appeal under subpart D of this part; and
(ii)Authorizes the Administrator, without further notice or proceedings, to make appropriate findings of fact, issue an immediately effective order without expiration, and withdraw the 80-day immediately effective order.
(4)The filing of a request for hearing under subpart D of this part does not stay the effectiveness of the 80-day immediately effective order issued under this section.
(e)Delegation of authority. The authority of the Administrator under this section is delegated to the Chief Counsel, each Deputy Chief Counsel, and the Assistant Chief Counsel for Enforcement.
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§ 13.20
Orders of compliance, cease and desist orders, orders of denial, and other orders.
Fed. Reg.×8
C.F.R.×1
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