(1)
A .nal notice of proposed civil penalty may be issued –
(i)
If the person charged with a violation fails to respond to the notice of proposed civil penalty within 30 days after receipt of that notice; or
(ii)
If the parties participated in any informal procedures under paragraph (d)(2)of this section and the parties have not agreed to compromise the action or the agency attorney has not agreed to withdraw the notice of proposed civil penalty.
(2)
Notlaterthan15daysafterreceiptof the .nal noticeofproposed civilpenalty, the person charged with a violation shall do one of the following –
(i)
Submitthe amountoftheproposed civilpenalty or an agreed-upon amount, in whichcase either an order assessing civilpenalty or a compromise order shall be issued in that amount; or
(ii)
Requestahearinginwhich caseacomplaint shallbe .led withthehearing docket clerk.
(f)
Request for a hearing. Any person charged with a violation may request a hearing, pursuanttoparagraph(d)(3)orparagraph(e)(2)(ii) ofthis section, tobe conducted in accordance with the procedures in subpart G of this part. A person requesting a hearing shall .le a written request for a hearing with the hearing docket clerk (HearingDocket,FederalAviationAdministration,800IndependenceAvenue,SW., Room 924A, Washington, DC 20591, Attention : Hearing Docket Clerk) and shall mail a copy of the request to the agency attorney. The request for a hearing may be in the form of a letter but must be dated and signed by the person reques-ting a hearing. The request for a hearing may be typewritten or may be legibly handwritten.
(g)
Hearing.If thepersoncharged with a violationrequestsahearingpursuanttopara-graph(d)(3) orparagraph(e)(2)(ii) of this section,the original complaint shallbe .led with thehearingdocket clerk and a copy shallbe sent to theperson requesting thehearing.Theprocedural rulesin subpartG ofthispart apply to thehearing and any appeal.Atthe closeofthehearing,the administrativelawjudgeshallissue,
either orally on the record or in writing, an initial decision, including the reasons for the decision, that contains .ndings or conclusions on the allegations contained, and the civil penalty sought, in the complaint.
(h)
Appeal.Eitherparty may appealthe administrativelawjudge’sinitialdecision to the FAAdecisionmakerpursuant to theproceduresin subpartG of thispart.If aparty .les a notice of appeal pursuant to r13.233 of subpart G, the e.ectiveness of the initial decision is stayed until a .nal decision and order of the Administrator have been entered on the record. The FAA decisionmaker shall review the record and issue a .nal decision and order of the Administrator that a.rm, modify, or reverse the initial decision. The FAA decisionmaker may assess a civil penalty but shall not assess a civil penalty in an amount greater than that sought in the complaint.
(i)
Payment. A person shall pay a civil penalty by sending a certi.ed check or money order,payabletotheFederalAviationAdministration,tothe agency attorney.
(j)
Collection of civil penalties. If a person does not pay a civil penalty imposed by an order assessing civil penalty or a compromise order within 60 days after service of the order, the Administrator may refer the order to the United States Attorney General, or the delegate of the Attorney General, to begin proceedings to collect the civil penalty. The action shall be brought in a United States District Court, pursuant to the authority in section 903 of the Federal Aviation Act of 1958, as amended(49U.S.C.1473), or section110 of theHazardousMaterialsTransporta-tion Act(49 U.S.C. 1809).
(k)
Exhaustion of administrative remedies. A party may only petition for review of a .nal decision and order of the Administrator to the courts of appeals of the United States or the United StatesCourt ofAppealsfor theDistrict ofColumbiapursuant to section 1006 of the Federal Aviation Act of 1958, as amended. Neither an initial decision or orderissuedby an administrativelawjudge,thathas notbeen appea-led to the FAA decisionmaker, nor an order compromising a civil penalty action constitutesa .nal orderof theAdministratorforthepurposesofjudicial appellate review under section 1006 of the Federal Aviation Act of 1958, as amended.
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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(35)
