(c)
Delegation of authority. The authority of the Administrator, under section 901 and section905 of theFederalAviationAct of1958, as amended, and section110 of the HazardousMaterialsTransportationAct,toinitiate and assesscivilpenaltiesfor a violation ofthoseActs, or a rule, regulation, or orderissuedthereunder,isdelegated to the Deputy Chief Counsel, the Assistant Chief Counsel, Enforcement, the Assis-tant Chief Counsel, Regulations, the Assistant Chief Counsel, Europe, Africa, and Middle East Area O.ce, each Regional Counsel, the Aeronautical Center Coun-sel, and the Technical Center Counsel. The authority of the Administrator to refer cases to the Attorney General of the United States, or the delegate of the Attor-ney General, for the collection of civil penalties, is delegated to the Chief Counsel, the Deputy Chief Counsel, the Assistant Chief Counsel, Enforcement, the Assis-tant Chief Counsel, Regulations, the Assistant Chief Counsel, Europe, Africa, and MiddleEastAreaO.ce, eachRegionalCounsel,theAeronauticalCenterCounsel, and the Technical Center Counsel.
(d)
Notice of proposed civil penalty. A civil penalty action is initiated by sending a no-tice ofproposed civilpenalty totheperson charged with a violation of theFederal Aviation Act of 1958, as amended, the Hazardous Materials Transportation Act, ora rule, regulation,ororderissued thereunder.A notice ofproposed civilpenalty will be sent to the individual charged with a violation or to the president of the corporation or company charged with a violation. In response to a notice of pro-posed civil penalty, a corporation or company may designate in writing another person to receive documents in that civil penalty action. The notice of proposed civil penalty contains a statement of the charges and the amount of the proposed civil penalty. Not later than 30 days after receipt of the notice of proposed civil penalty, the person charged with a violation shall –
(1)
Submit the amount of the proposed civil penalty or an agreed-upon amount, in which caseeitheranorderassessing civilpenalty orcompromiseordershall be issued in that amount;
(2)
Submit to the agency attorney one of the following :
(i)
Written information, including documents and witness statements, de-monstrating that a violation of the regulations did not occur or that a penalty or the amount of the penalty is not warranted by the circum-stances.
(ii)
A written request to reduce the proposed civil penalty, the amount of reduction, and the reasons and any documents supporting a reduction of theproposed civilpenalty,including recordsindicating a .nancialinability to pay or records showing that payment of the proposed civil penalty would prevent the person from continuing in business.
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Elodie Roux. Septembre 2003
Subpart C : Legal Enforcement Actions
(iii) A written request for an informal conference to discuss the matter with the agency attorney and to submit relevantinformation ordocuments; or
(3) Request a hearing in which case a complaint shall be .led with the hearing docket clerk.
(e)
Final notice of proposed civil penalty. A .nal notice of proposed civil penalty may beissued afterparticipationininformalproceduresprovidedinparagraph(d)(2) of this section or failure to respond in a time1y manner to a notice of proposed civil penalty. A .nal notice of proposed civil penalty will be sent to the individual charged with a violation, to the president of the corporation or company charged with a violation, or a person previously designated in writing by the individual, corporation, or company to receive documents in that civil penalty action. If not previously done in response to a notice of proposed civil penalty, a corporation or company may designate in writing another person to receive documents in that civilpenalty action.The .nal noticeofproposed civilpenalty containsastatement of the charges and the amount of the proposed civil penalty and, as a result of information submitted to the agency attorney during informal procedures, may modify an allegation or a proposed civil penalty contained in a notice of proposed civil penalty.
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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(34)
