(2)
The FAA decisionmaker will issue the .nal decision and order of the Admi-nistrator on appeal in writing and will serve a copy of the decision and order oneachparty.Unlessapetitionforreviewis .ledpursuantto r13.235, a .nal decision and order of the Administrator shall be considered an order assessing civilpenaltyif theFAAdecisionmaker .ndsthat analleged violationoccurred and a civil penalty is warranted.
(3)
A .nal decision and order of the Administrator after appeal is precedent in any other civil penalty action. Any issue, .nding or conclusion, order, ruling, orinitialdecision of an administrativelawjudgethathas notbeen appealed to the FAA decisionmaker is not precedent in any other civil penalty action.
FAR 13.234 : Petition to reconsider or modify a .nal decision and order of the FAA decisionmaker on appeal.
(a)
General. Any party may petition the FAA decisionmaker to reconsider or modify a .nal decision and order issued by the FAA decisionmaker on appeal from an initial decision. A party shall .le a petition to reconsider or modify with the FAA decisionmaker not later than 30 days after service of the FAA decisionmaker’s .nal decision and order on appeal and shall serve a copy of the petition on each party. The FAA decisionmaker will not reconsider or modify an initial decision and order issuedby an administrativelawjudgethathas notbeen appealedby anyparty to the FAA decisionmaker.
(b)
Form and number of copies. A party shall .le a petition to reconsider or modify, in writing,with theFAAdecisionmaker.Theparty shall .letheoriginalpetitionwith the FAA decisionmaker and shall serve a copy of the petition on each party.
(c)
Contents. A party shall state brie.y and speci.cally the alleged errors in the .nal decision and order on appeal, the relief sought by the party, and the grounds that support, the petition to reconsider or modify.
(1)
If thepetition is based, in whole orinpart, on allegations regarding the conse-quences of the FAA decisionmaker’s decision, the party shall describe these allegations and shall describe, and support, the basis for the allegations.
(2)
If the petition is based, in whole or in part, on new material not previously raisedin theproceedings,theparty shall setforththe new material andinclude a.davits ofprospective witnesses and authenticateddocuments that wouldbe introduced in support of the new material. The party shall explain, in detail, why the new material was not discovered through due diligence prior to the hearing.
(d)
Repetitious and frivolous petitions. The FAA decisionmaker will not consider re-petitious or frivolous petitions. The FAA decisionmaker may summarily dismiss repetitious orfrivolouspetitionsto reconsider or modify.
(e)
Replypetitions. Any otherparty may reply to apetition to reconsider or modify, not laterthan10daysafterserviceof thepetitiononthatparty,by .ling areply with theFAAdecisionmaker.Aparty shall serve a copy of the reply on eachparty.
(f)
E.ect of .ling petition. Unless otherwise ordered by the FAA decisionmaker, .ling of apetitionpursuanttothis section will notstay ordelay the e.ectivedate of the FAA decisionmaker’s .nal decision and order on appeal and shall not toll the time allowedforjudicial review.
(g)
FAA decisionmaker’s decision on petition. The FAA decisionmaker has sole discre-tion to grant or deny a petition to reconsider or modify. The FAA decisionmaker willgrant ordeny apetitionto reconsiderormodify within areasonabletime after receiptof thepetition orreceipt of the replypetition,if any.TheFAAdecisionma-ker may a.rm, modify, or reverse the .nal decision and order on appeal, or may remand the casefor anyproceedingsthattheFAAdecisionmakerdetermines may be necessary.
FAR 13.235 : Judicial review of a .nal decision and order.
Apersonmay seekjudicial reviewof a .naldecisionand orderoftheAdministrator as provided in section 1006 of the Federal Aviation Act of 1958, as amended. A party seeking judicial review of a .nal decision and order shall .le a petition for review not later than 60 days after the .nal decision and order has been served on the party.
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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(67)
