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Part 16 is the Federal Aviation Administration's (FAA) "Rules of Practice for Federally-Assisted Airport Enforcement Proceedings." 14 Code of Federal Regulations (CFR) Part 16 contains the rules for filing complaints and adjudicating compliance matters involving Federally-assisted airports. The various acts under which these matters may arise are the Airport and Airway Improvement Act, the Federal Aviation Act, the Surplus Property Act and the predecessors of these acts. Compliance issues may also arise under regulations, grant agreements, and documents of conveyance issued or made under these acts.
14 CFR Part 16 is available on the "Rules" link of the website, or at http://ecfr.gpoaccess.gov/. It is available in hard copy as part of the Code of Federal Regulations, which may be available at a municipal or academic library. Most law libraries should have the Code of Federal Regulations.
Documents are filed with the FAA Part 16 Airport Proceedings Docket in the Office of the Chief Counsel. If a hearing order has been issued in the case, documents should be filed with the hearing officer at the address stated in the hearing order. The documents may be filed by personal delivery, mail, or facsimile (when confirmed by filing on the same date by personal delivery or mail). Documents filed with the FAA must be typewritten or legibly printed. In a docketed proceeding, the docket number should be on the front page.
The mailing address should read: Attention: FAA Part 16 Airport Proceedings Docket AGC-610 Federal Aviation Administration 800 Independence Ave., SW Washington DC 20591
Attention: FAA Part 16 Airport Proceedings Docket AGC-610 Federal Aviation Administration 800 Independence Ave., SW Washington DC 20591
The complaint should state the name and address of each person who is the subject of the complaint and, with respect to each person, the specific provisions of each Act that the complainant believes were violated. The complaint must provide a concise but complete statement of the facts relied upon to substantiate each allegation. It should also describe how the complainant was directly and substantially affected by the things done or omitted to be done by the respondent(s).
The original and three copies of each document should be filed with the FAA Part 16 Airport Proceedings Docket. The original should be signed by the person filing it or the person's duly authorized representative. If a hearing order has been issued in the case, one of the three copies should be filed with the hearing officer.
A certificate of service should accompany all documents when they are filed. The certificate must certify concurrent service on the FAA and all parties named in the complaint as persons responsible for the alleged action(s) or omission(s) upon which the complaint is based.
The certificate of service should be in substantially the following form:
I hereby certify that I have this day served the foregoing [name of document] on the following persons at the following addresses and facsimile numbers (if also served by facsimile) by [specify method of service]: [list person, addresses, facsimile numbers] Dated this _________ day of ______, 20__. [signature], for [party]
A person "directly and substantially affected" by any alleged noncompliance of a federally funded airport may file a complaint with the FAA. If a person is doing business with an airport and paying fees or rentals to the airport, he or she is considered "directly and substantially affected" by alleged revenue diversion.
Prior to filing a complaint, the parties are required to initiate and engage in good faith efforts to resolve the disputed matter informally. A complaint will not be considered unless the person or authorized representative filing the complaint certify that substantial and reasonable good faith efforts to resolve the issue have been made and that there is no prospect for a timely resolution.
In some cases, the complaint may be dismissed by the Director of the Office of Airport Compliance and Management Analysis (Director) on procedural grounds. For example, a complaint may be dismissed if the complainant did not follow correct procedures in filing the complaint, or does not have standing to bring the complaint. If the complaint is dismissed because complainant did not follow correct procedures, the Director will dismiss the complaint, without prejudice, within 20 days of its receipt. If the deficiency can be corrected, the complainant may refile the complaint. If the complaint is dismissed for lack of standing or some other procedural ground, being outside Part 16 jurisdiction, or failure to state a claim, the dismissal will be with prejudice.
If the complaint is not dismissed, the FAA notifies the complainant and respondent in writing within 20 days after the date the FAA receives the complaint that the complaint has been docketed. The respondent is required to file an answer within 20 days of the date of service of the FAA notification.
The answer needs to contain a concise but complete statement of the facts relied upon to substantiate respondent's answers and should be accompanied by supporting documentation. The answer should deny or admit the allegations made in the complaint. It can also state that the person filing the document is without sufficient knowledge or information to admit or deny an allegation, and shall assert any affirmative defense. Respondent's answer may include a motion to dismiss the complaint, or any portion of it, with a supporting memorandum of points and legal authorities.
Part 16 allows both the complainant and the respondent one additional response. The complainant may file a reply within 10 days of the date of service of the respondent's answer. Once the respondent receives the complainant's reply, he or she may file a rebuttal within 10 days of the date of service.
Like the answer, the reply and rebuttal should each contain a concise but complete statement of the facts relied upon to substantiate the answers and should be accompanied by supporting documentation.
A request to file any other type of document must be made in the form of a motion (e.g. "Motion to Request the Submission of Additional Document"). All relevant document(s) should be attached to the motion. The FAA, at its discretion, will decide whether or not to admit the document(s) into the record.
If there appears to be a reasonable basis for further investigation, the FAA Office of Airport Compliance and Management Analysis will investigate the subject matter of the complaint. The investigation may include one or more of the following: 1) A review of the written submissions of the parties, information gathered by the FAA's investigation of the matter, or information furnished by the parties at the FAA's request; 2) oral and documentary evidence obtained through FAA's use of its authority to compel production of such evidence; and 3) conducting or requiring that a sponsor conduct an audit of airport financial records and transactions.
In some cases, the FAA may initiate its own investigation without having received a complaint. In this case, the FAA sends notice setting forth the areas and the reason for the investigation to the person(s) subject to the investigation. The party(ies) must respond to the FAA within 30 days from the date of service.
The Director's Determination is an initial non-final agency decision based on the record that contains a concise explanation of the factual and legal basis for the Director's decision. The decision will be provided to each party within 120 days of the date that the last pleading was due.
Any party adversely affected by the Director's Determination may appeal the initial determination to the Associate Administrator for Airports within 30 days after the date of service of the initial determination. The other party may file a reply to an appeal within 20 days after the date of service of the appeal. Appeals and replies should include the arguments of the parties concerning affirmance or reversal of the initial Director's Determination. If the initial determination finds the respondent airport in noncompliance and proposes to issue a compliance order, the initial determination will include notice of opportunity for a hearing, if a hearing is required by statute. (See question 14).
The Associate Administrator may issue a final agency decision on appeal from the Director's determination, without a hearing where 1) the complaint is dismissed after investigation; 2) a hearing is not required by statute and is not otherwise made available by the FAA; or 3) the FAA provides the respondent an opportunity for a hearing and the respondent waives the opportunity for a hearing. In such cases the final agency decision will be issued within 60 days after the due date of the reply.
Also, in cases where no hearing is available or the opportunity is waived, if an appeal is not filed within the 30 day time period, the Director's Determination becomes the final decision and order of the FAA.
After the Director makes an initial determination, there are some circumstances set out in the law that may provide respondent airport with the opportunity for a hearing. These circumstances include where in the Director's Determination, the agency proposes to issue an order terminating eligibility for grants, an order suspending the payment of grant funds, or an order withholding approval of any new application to impose a passenger facility charge. Additionally, the FAA may provide the opportunity for a hearing at its own discretion.
If a respondent airport is provided the opportunity for a hearing in an initial determination, and does not waive hearing, the FAA's Deputy Chief Counsel will issue and serve on the respondent and complainant a hearing order within 10 days. The hearing order may contain a direction to the hearing officer to conduct a hearing by submission of briefs and oral arguments without the presentation of testimony or other evidence.
The parties to the hearing are the respondent(s), the complainant(s), and the FAA. However, a person may submit a motion for leave to intervene as a party within 10 days after the notice of hearing and hearing order. The FAA retains discretion to decide whether or not a party may intervene. In addition persons may petition the hearing office for permission to "participate" in the hearing by submitting briefs.
Based on the record developed during the proceeding, the hearing officer issues an initial decision. Each party adversely affected by that initial decision may file an appeal with the Associate Administrator within 15 days of the date the initial decision is issued. Each party may file a reply to an appeal within 10 days after it is served on the party. The Associate Administrator will review the entire record and issue a final agency decision within 30 days of the due date of the reply.
A person may seek judicial review of a FAA final agency decision and order in a United States Court of Appeals. A petition for review must be filed not later than 60 days after the final decision has been served on the party(ies).
Many agency decisions are not considered final and, therefore, are not subject to judicial review. For example, the following do not constitute final decisions and orders: 1) An FAA decision to dismiss a complaint without prejudice, 2) A Director's Determination, 3) An initial decision issued by a hearing officer at the conclusion of a hearing, and 4) A Director's Determination or an initial decision of a hearing officer that becomes a final decision of the Associate Administrator because it was not appealed within the applicable time limits.
Page Last Modified: 05/18/2022
U.S. Department of Transportation
