14 C.F.R. § 16.201

Notice and order of hearing

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(a) If a respondent is provided the opportunity for hearing in an initial determination and does not waive hearing, the Deputy Chief Counsel within 10 days after the respondent elects a hearing will issue and serve on the respondent and complainant a hearing order. The hearing order will set forth:

(1) The allegations in the complaint, or notice of investigation, and the chronology and results of the investigation preliminary to the hearing;

(2) The relevant statutory, judicial, regulatory, and other authorities;

(3) The issues to be decided;

(4) Such rules of procedure as may be necessary to supplement the provisions of this part;

(5) The name and address of the person designated as hearing officer, and the assignment of authority to the hearing officer to conduct the hearing in accordance with the procedures set forth in this part; and

(6) The date by which the hearing officer is directed to issue an initial decision.

(b) Where there are no genuine issues of material fact requiring oral examination of witnesses, the hearing order may contain a direction to the hearing officer to conduct a hearing by submission of briefs and oral argument without the presentation of testimony or other evidence.

[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as amended at Amdt. 16-1, 78 FR 56146, Sept. 12, 2013]

Notes of Decisions

Cited in 1 case, 2016–2016 · leading case: Sw. Airlines Co. v. United States Dep't of Transp., 832 F.3d 270 (D.C. Cir. 2016).

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Sw. Airlines Co. v. United States Dep't of Transp., 832 F.3d 270 (D.C. Cir. 2016). “If the FAA and the City cannot resolve the FAA’s concerns through informal means, the agency may conduct a hearing to determine the City’s compliance with its obligations under the grant assurances, 14 C.F.R. §§ 16.201 , 16.202, or the Director may make a determination without a…”

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