(c)
Complaintswhichdonotmeettherequirementsofparagraph(b) of thissectionwill be considered reports under r13.1.
(d)
Complaints which meetthe requirements ofparagraph(b) ofthis section willbe docketed and a copy mailed to each person named in the complaint.
(e)
Any complaint .led against a member of the Armed Forces of the United States acting intheperformance of o.cialduties shallbe referred totheSecretary of the Department concerned for action in accordance with the procedures set forth in r
13.21 of this part.
(f)
The person named in the complaint shall .le an answer within 20 days after service of a copy of the complaint.
(g)
After the complaint has been answered or after the allotted time in which to .le an answer has expired, the Administrator shall determine if there are reasonable grounds for investigating the complaint.
(h)
If theAdministratordetermines that a complaintdoes not statefacts which warrant an investigation or action, the complaint may be dismissed without a hearing and the reason for the dismissal shall be given, in writing, to the person who .led the complaint and the person named in the complaint.
(i)
If the Administrator determines that reasonable grounds exist, an informal investi-gation may be initiated or an order of investigation may be issued in accordance withSubpartF of thispart, orboth.Eachperson namedinthe complaint shallbe advised which o.cial has been delegated the responsibility under r13.3(b) or(c) for conducting the investigation.
′
Elodie Roux. Septembre 2003
Subpart A : Investigative Procedures
(j)
If the investigation substantiates the allegations set forth in the complaint, a notice of proposed order may be issued or other enforcement action taken in accordance with this part.
(k)
The complaint and other pleadings and o.cial FAA records relating to the dispo-sition of the complaint are maintained in current docket form in the Enforcement Docket(AGC-10),O.ce oftheChiefCounsel,FederalAviationAdministration, 800 Independence Avenue, S.W., Washington, D. C. 20591. Any interested person may examine any docketed material at that o.ce, at any time after the docket is established, except material that is ordered withheld from the public under ap-plicable law or regulations, and may obtain a photostatic or duplicate copy upon payingthe cost of the copy.(Secs. 313(a),314(a),601 through 610, and1102 of the FederalAviationAct of1958(49U.S.C.1354(a),1421 through1430,1502); sec. 6(c),Dept. ofTransportationAct(49U.S.C.1655(c)))
FAR 13.7 : Records, documents and reports.
Each record, document and report that the Federal Aviation Regulations require to be maintained, exhibited or submitted to the Administrator may be used in any investigation conducted by the Administrator; and, except to the extent the use may be speci.cally limited or prohibited by the section which imposes the requirement, the records,documents and reports maybe usedin any civilpenalty action, certi.cate action, or other legal proceeding.
Chapitre 5
Subpart B : Administrative Actions
Sommaire
FAR 13.11 : Administrative disposition of certain violations. . 62
61
Subpart B : Administrative Actions
FAR 13.11 : Administrative disposition of certain violations.
(a)
Ifitisdetermined that a violation or an alleged violation of theFederalAviationAct of 1958, or an order or regulation issued under it, or of the Hazardous Materials Transportation Act, or an order or regulation issued under it, does not require legal enforcement action, an appropriate o.cial of the FAA .eld o.ce responsible for processing the enforcement case or other appropriate FAA o.cial may take administrative action in disposition of the case.
(b)
An administrative action underthis sectiondoes notconstitute aformal adjudication of the matter, and may be taken by issuing the alleged violator –
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