(b)
The authority of the Administrator, under section 901 of the Federal Aviation Act of1958, as amended, topropose a civilpenaltyfor a violation of thatAct, or a rule, regulation, or order issued thereunder, and the ability to refer cases to the United States Attorney General, or the delegate of the Attorney General, for prosecution of civil penalty actions proposed by the Administrator, involving an amount in controversyin excess of $50,000, anin rem action, seizure of aircraft subject tolien, or suitforinjunctive relief, orfor collection of an assessed civilpenalty,isdelegated
to theChiefCounsel, theAssistantChiefCounsel,Enforcement,theAssistantChief Counsel, Regulations, the Assistant Chief Counsel, Europe, Africa, and Middle East Area O.ce, the Regional Counsel, the Aeronautical Center Counsel, and the Technical Center Counsel.
(c) The Administrator may compromise any civil penalty, proposed in accordance with section 901 of the Federal Aviation Act of 1958, as amended, involving an amount in controversy in excess of $50,000, an in rem action, seizure of aircraft subject to lien, or suit for injunctive relief, prior to referral of the civil penalty action to the United States Attorney General, or the delegate of the Attorney General, for prosecution.
(1)
The Administrator, through the Chief Counsel, the Assistant Chief Counsel, Enforcement, the Assistant Chief Counsel, Regulations, the Assistant Chief Counsel, Europe, Africa, and Middle East Area O.ce, the Regional Counsel, the Aeronautical Center Counsel, and the Technical Center Counsel sends a civilpenaltylettertothepersoncharged with aviolationof theFederalAvia-tionAct of1958, as amended, or a rule, regulation, or orderissued thereunder. The civilpenaltyletter contains a statementof the charges,the applicablelaw, rule, regulation, or order, the amount of civil penalty that the Administrator will accept in full settlement of the action or an o.er to compromise the civil penalty.
(2)
Not later than 30days after receipt of the civilpenalty letter, theperson char-ged with a violation maypresent any material orinformationin answer to the charges to the agency attorney, either orally or in writing, that may explain, mitigate, or deny the violation or that may show extenuating circumstances. The Administrator will consider any material or information submitted in ac-cordance with this paragraph to determine whether the person is subject to a civil penalty or to determine the amount for which the Administrator will compromise the action.
(3)
If the person charged with the violation o.ers to compromise for a speci-.c amount, that person shall send a certi.ed check or money order for that amount, payable to the Federal Aviation Administration, to the agency at-torney. The Chief Counsel, the Assistant Chief Counsel, Enforcement, the Assistant Chief Counsel, Regulations, the Assistant Chief Counsel, Europe, Africa, and Middle East Area O.ce, the Regional Counsel, the Aeronauti-cal Center Counsel, or the Technical Center Counsel may accept the certi.ed check or money order or may refuse and return the certi.ed check or money order.
(4)
If the o.er to compromise is accepted by the Administrator, the agency at-torney will send alettertotheperson charged with the violation stating that the certi.ed check or money order is accepted in full settlement of the civil penalty action.
(5)
If the parties cannot agree to compromise the civil penalty action or the o.er to compromiseis rejected and the certi.ed check or money order submitted in compromise is returned, the Administrator may refer the civil penalty action to the United States Attorney General, or the delegate of the Attorney Gene-ral, to begin proceedings in a United States District Court, pursuant to the authorityin section903 oftheFederalAviationAct, as amended(49U.S.C. 1473), to prosecute and collect the civil penalty.
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Elodie Roux. Septembre 2003
Subpart C : Legal Enforcement Actions
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本文链接地址：FAA规章 美国联邦航空规章 Federal Aviation Regulations 1(32)
