C.F.R. » Title 14 » CHAPTER I—FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION › SUBCHAPTER B—PROCEDURAL RULES › PART 13—INVESTIGATIVE AND ENFORCEMENT PROCEDURES › Subpart G—Rules of Practice In FAA Civil Penalty Actions

14 C.F.R. § 13.208

Complaint

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(a) Filing. The agency attorney must file the complaint with the FAA Hearing Docket, or may file a written motion to dismiss a request for hearing under § 13.218 instead of filing a complaint, not later than 20 days after receipt by the agency attorney of a request for hearing. When filing the complaint, the agency attorney must follow the filing instructions in § 13.210. The agency attorney may suggest a location for the hearing when filing the complaint.

(b) Service. An agency attorney must serve a copy of the complaint on the respondent, the president of the corporation or company named as a respondent, or a person designated by the respondent to accept service of documents in the civil penalty action. When serving the complaint, the agency attorney must follow the service instructions in § 13.211.

(c) Contents. A complaint must set forth the facts alleged, any regulation allegedly violated by the respondent, and the proposed civil penalty in sufficient detail to provide notice of any factual or legal allegation and proposed civil penalty.

(d) Motion to dismiss stale allegations or complaint. Instead of filing an answer to the complaint, a respondent may move to dismiss the complaint, or that part of the complaint, alleging a violation that occurred more than 2 years before an agency attorney issued a notice of proposed civil penalty to the respondent.

(1) An administrative law judge may not grant the motion and dismiss the complaint or part of the complaint if the administrative law judge finds that the agency has shown good cause for any delay in issuing the notice of proposed civil penalty.

(2) If the agency fails to show good cause for any delay, an administrative law judge may dismiss the complaint, or that part of the complaint, alleging a violation that occurred more than 2 years before an agency attorney issued the notice of proposed civil penalty to the respondent.

(3) A party may appeal the administrative law judge's ruling on the motion to dismiss the complaint or any part of the complaint in accordance with § 13.219(b).

Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 2000–2023 · leading case: Green Aviation Management Co. v. Federal Aviation Administration
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Green Aviation Management Co. v. Federal Aviation Administration (2012) cadc “Although the two-year statute of limitations had not lapsed at the time the complaint was withdrawn, *205 see 14 C.F.R. 13.208(d), the FAA could not re-file a complaint based on the same set of facts because the dismissal with prejudice has res judicata effect.”
Oxy USA, Inc. v. Babbitt (2000) ca10 “197 ; 14 C.F.R. § 13.208 ; 15 C.F.R. § 280.605 ; 16 C.”
United States v. Ryan International Airlines, Inc. (2005) hid · cites it 2× “) Ryan also points to language in the Federal Aviation Administration’s (“FAA’s”) administrative rules at 14 C.F.R. § 13.208 (d), which also indicate a two-year limitations period.”
Oxy Usa, Inc., Mobil Exploration & Producing U.S., Inc. v. Bruce Babbitt, Secretary Bob Armstrong, Assistant Secretary, (2000) ca10 “197; 14 C.F.R. 13.208; 15 C.F.R. 280.605; 16 C.”
United States v. Wagner (2023) casd “33 (a) 12 (motion to dismiss under 6-month stale complaint rule shall be denied when agency 13 establishes good cause for the delay); 14 C.F.R. § 13.208 (d) (motion to dismiss under 2- 14 year stale complaint rule shall be denied when agency shows good cause for delay in 15…”
Regency Air, LLC v. Stephen Dickson (2021) ca9 “” 14 C.F.R. § 13.208 (c). An agency’s complaint is construed liberally.”
— 14 C.F.R. § 13.208(d) — 1 case
Green Aviation Management Co. v. Federal Aviation Administration (2012) cadc “Although the two-year statute of limitations had not lapsed at the time the complaint was withdrawn, *205 see 14 C.F.R. 13.208(d), the FAA could not re-file a complaint based on the same set of facts because the dismissal with prejudice has res judicata effect.”
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