(2)
Which is an in rem action or in which an in rem action based on the same violation has been brought;
(3)
Regarding which an aircraft subject to lien has been seized by the United States; and
(4)
In which a suit for injunctive relief based on the violation giving rise to the civil penalty has also been brought.
FAR 13.202 : De.nitions.
Administrative lawjudge meansan administrativelawjudge appointedpursuanttothe provisions of 5 U.S.C. 3105.
Agency attorney means the Deputy Chief Counsel, the Assistant Chief Counsel, En-forcement, the Assistant Chief Counsel, Regulations, the Assistant Chief Counsel, Europe, Africa, and Middle East Area O.ce, each Regional Counsel, the Aero-nautical Center Counsel, or the Technical Center Counsel, or an attorney on the sta. of the Assistant Chief Counsel, Enforcement, the Assistant Chief Counsel, Regulations, the Assistant Chief Counsel, Europe, Africa, and Middle East Area O.ce, each Regional Counsel, the Aeronautical Center Counsel, or the Technical CenterCounsel whoprosecutes a civilpenalty action.An agency attorney shall not include :
(1)
The Chief Counsel, the Assistant Chief Counsel for Litigation, or the Special Counsel andDirector ofCivilPenalty Adjudications; or
(2)
Anyattorney on the sta. of either theAssistantChiefCounselforLitigation or the Special Counsel and Director of Civil Penalty Adjudications who advises the FAA decisionmaker regarding aninitialdecision or any appeal to the FAA decisionmaker; or
(3)
Any attorney who is supervised in a civil penalty action by a person who provides such advice to the FAA decisionmaker in that action or a factually-related action.
′
Elodie Roux. Septembre 2003
Subpart G : Rules of Practice in FAA Civil Penalty Actions
Attorney means a person licensed by a state, the District of Columbia, or a territory of the United States to practice law or appear before the courts of that state or territory.
Complaint means a document issued by an agency attorney alleging a violation of the Federal Aviation Act of 1958, as amended, or a rule, regulation, or order issued thereunder, ortheHazardousMaterialsTransportationAct, or a rule, regulation, or order issued thereunder that has been .led with the hearing docket after a hearing has been requested pursuant to r13.16(d)(3) or r13.16(e)(2)(ii) of this part.
FAA decisionmaker means the Administrator of the Federal Aviation Administration, acting in the capacity of the decisionmaker on appeal, or any person to whom the Administrator has delegated the Administrator’s decisionmaking authority in a civilpenalty action.As usedin this subpart, theFAAdecisionmakeris the o.cial authorized toissuea .naldecisionand orderof theAdministratorinacivilpenalty action.
Mail includes U.S. certi.ed mail, U.S. registered mail, or use of an overnight express courier service.
Order assessing civil penalty means a document that contains a .nding of violation of the FederalAviation Act of1958, as amended, or a rule, regulation, or orderissued thereunder, or the Hazardous Materials Transportation Act, or a rule, regulation, or order issued thereunder and may direct payment of a civil penalty. Unless an appeal is .led with the FAA decisionmaker in a timely manner, an initial decision or order of an administrativelawjudge shallbe considered an order assessing civil penalty if anadministrativelawjudge .ndsthatanalleged violationoccurred and determines that a civilpenalty,in an amountfound appropriateby the administra-tivelawjudge,iswarranted.Unlessapetitionforreviewis .led with aU.S.Court ofAppealsinatimely manner,a .naldecisionand orderof theAdministratorshall be considered an order assessing civil penalty if the FAA decisionmaker .nds that an alleged violation occurred and a civil penalty is warranted.
Party meansthe respondent ortheFederalAviationAdministration(FAA). Personal delivery includes hand-delivery or use of a contract or express messenger ser-vice. ”Personal delivery” does not include the use of Government intero.ce mail service. Pleading means a complaint, an answer, and any amendment of these documents per-mitted under this subpart. Properly addressed means a document that shows an address contained in agency re-cords,a residential,business, or other addresssubmittedby aperson on anydocu-mentprovided underthis subpart, orany other addressshownby otherreasonable and available means. Respondent means a person, corporation, or company named in a complaint.
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