C.F.R. » Title 14 » CHAPTER I—FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION › SUBCHAPTER B—PROCEDURAL RULES › PART 16—RULES OF PRACTICE FOR FEDERALLY-ASSISTED AIRPORT ENFORCEMENT PROCEEDINGS › Subpart C—Special Rules Applicable to Complaints

14 C.F.R. § 16.31

Director's Determinations after investigations

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(a) After consideration of the pleadings and other information obtained by the FAA after investigation, the Director will render an initial determination and serve it upon each party within 120 days of the date the last pleading specified in § 16.23 was due.

(b)(1) The Director's Determination shall include findings of fact and conclusions of law, accompanied by explanations and based upon all material issues of fact, credibility of the evidence, law and discretion presented on the record, together with a statement of the reasons therefor.

(2) The Director shall issue a determination or rule in a party's favor only if the determination or ruling is in accordance with law and supported by a preponderance of the reliable, probative, and substantial evidence contained in the record.

(c) A party adversely affected by the Director's Determination may appeal the initial determination as provided in § 16.33. However, if the Director's Determination that is appealed contains a Corrective Action Plan, the Director has the discretion to suspend the Corrective Action Plan until the appeal is resolved.

(d) If the Director's Determination finds the respondent in noncompliance and proposes the issuance of a compliance order, the initial determination will include notice of opportunity for a hearing under subpart F of this part if a hearing is required by statute or otherwise provided by the FAA. A hearing may be required by statute if the FAA determination would terminate eligibility for grants under 49 U.S.C. 47114(c) or (e), or terminate payments on a grant agreement under 49 U.S.C. subchapter 471. The respondent may elect or waive a hearing, as provided in subpart E of this part.

(e) The Director will not consider requests for rehearing, reargument, reconsideration, or modification of a Director's Determination without a finding of good cause.

[Amdt. 16-1, 78 FR 56145, Sept. 12, 2013]
Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1999–2025 · leading case: Penobscot Air Servs., Ltd. v. Fed. Aviation Admin., 164 F.3d 713 (1st Cir. 1999).
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Penobscot Air Servs., Ltd. v. Fed. Aviation Admin., 164 F.3d 713 (1st Cir. 1999). · cites it 2× “” 6 14 C.F.R. § 16.31 (d). This is consistent with the statute, which speaks of an “opportunity for a hearing” only if the agency finds a violation and is considering issuing an order to compel compliance.”
41 North 73 West, Inc. v. United States Dep't of Transp., 408 F. App'x 393 (2d Cir. 2010). · cites it 2× “14 C.F.R. §§ 16.31 (c), 16.33(a)(1). This final decision is then reviewable by a federal appellate court via petition.”
Flamingo Express, Inc. v. Fed. Aviation Admin., 536 F.3d 561 (6th Cir. 2008). “See 14 C.F.R. §§ 16.31 (c), 16.33 (permitting such appeals and providing procedures for filing).”
Friends of the East Hampton Airport, Inc. v. Town of East Hampton, 152 F. Supp. 3d 90 (E.D.N.Y 2015). “14 C.F.R. §§ 16.31 (c), 16.33(a)(1). This final decision is then appealable, but *105 only to a federal court of appeals.”
Emrich Aerial Spraying LLC v. The City of Pawhuska, Pawhuska Mun. Airport Auth., & Pawhuska Mun. Airport Advisory Comm. (N.D. Okla. 2025). “(citing 14 C.F.R. §§ 16.31 , 16.33, 16.247, and 49 U.”
Flamingo Express, Inc. v. Fed Aviation Admin (6th Cir. 2008). “See 14 C.F.R. §§ 16.31 (c), 16.33 (permitting such appeals and providing procedures for filing).”
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