(a) If, based on the pleadings, there appears to be a reasonable basis for further investigation, the FAA investigates the subject matter of the complaint.
(b) The investigation may include one or more of the following, at the sole discretion of the FAA:
(1) A review of the written submissions or pleadings of the parties, as supplemented by any informal investigation the FAA considers necessary and by additional information furnished by the parties at FAA request. In rendering its initial determination, the FAA may rely entirely on the complaint and the responsive pleadings provided under this subpart. Each party shall file documents that it considers sufficient to present all relevant facts and argument necessary for the FAA to determine whether the sponsor is in compliance.
(2) Obtaining additional oral and documentary evidence by use of the agency's authority to compel production of such evidence under 49 U.S.C. 40113 and 46104, and 49 U.S.C. 47122. The Administrator's statutory authority to issue compulsory process has been delegated to the Chief Counsel, the Deputy Chief Counsel, the Assistant Chief Counsel for Airports and Environmental Law, and each Assistant Chief Counsel for a region or center.
(3) Conducting or requiring that a sponsor conduct an audit of airport financial records and transactions as provided in 49 U.S.C. 47107 and 47121.
[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as amended at Amdt. 16-1 78 FR 56145, Sept. 12, 2013]
Notes of Decisions
Penobscot Air Servs., Ltd. v. Fed. Aviation Admin., 164 F.3d 713 (1st Cir. 1999).
· cites it 2× “” 14 C.F.R. § 16.29 (b)(1). Moreover, “[i]n rendering its initial determination, the FAA may rely entirely on the complaint and the responsive pleadings provided under [the] subpart” applicable to complaints.”
41 North 73 West, Inc. v. United States Dep't of Transp., 408 F. App'x 393 (2d Cir. 2010).
“” 14 C.F.R. §§ 16.29 (a), 16.31(a). If the Director dismisses a complaint, the petitioner can file an administrative appeal to the Associate Administrator for Airports, who examines the existing record and issues a final decision without a hearing.”
Penobscot Air v. FAA (1st Cir. 1999).
· cites it 2× “46101; 14 C.F.R. 16.29(b). The cited procedural provisions simply set forth the procedures that the agency must apply whenever it does hold a hearing.”
Wilson Air Ctr. v. FAA (6th Cir. 2004).
“14 C.F.R. § 16.29 . indicates that “further investigation” may entail only a review Wilson argues that its complaint set forth a reasonable basis of the pleadings, but that requirement may also involve more, for investigation and as such the complaint necessitated if the…”
— 14 C.F.R. § 16.29(b) — 1 case
Penobscot Air v. FAA (1st Cir. 1999).
“46101; 14 C.F.R. 16.29(b). The cited procedural provisions simply set forth the procedures that the agency must apply whenever it does hold a hearing.”
— 14 C.F.R. § 16.29(b)(1) — 1 case
Penobscot Air v. FAA (1st Cir. 1999).
“46101; 14 C.F.R. 16.29(b). The cited procedural provisions simply set forth the procedures that the agency must apply whenever it does hold a hearing.”
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