49 C.F.R. Subpart D—Special Rules Applicable to Proceedings Under 49 U.S.C. 44709
Title 49 - Transportation
(a) Appeal. Where the Administrator has issued an order amending, modifying, suspending or revoking a certificate, the affected certificate holder (respondent) may file with the Board an appeal from the Administrator's order. The respondent shall simultaneously serve a copy of the appeal on the Administrator. The appeal must be filed with the Board within 20 days after the date on which the Administrator's order was served on the respondent, except as provided with respect to emergency and other immediately effective orders under §821.53(a). (b) Form and content of appeal. The appeal may be in letter form. It shall identify the certificate or certificates affected and the Administrator's action from which the appeal is sought. (c) Effect of filing timely appeal with the Board. Timely filing with the Board of an appeal from an order of the Administrator shall postpone the effective date of the order until final disposition of the appeal by the law judge or the Board, except where the order appealed from is an emergency or other immediately effective order, in which case the effectiveness of the order will not be so stayed during the pendency of the appeal. (a) Filing, time of filing and service on respondent. The order of the Administrator from which an appeal has been taken shall serve as the complaint. The Administrator shall (except as provided in §821.55(a) with respect to emergency proceedings) file the complaint with the Board within 10 days after the date on which he or she was served with the appeal by the respondent, and shall simultaneously serve a copy of the complaint on the respondent. If the Administrator has determined that the respondent lacks qualification to be a certificate holder, the order filed as the complaint, or an accompanying statement, shall identify the pleaded factual allegations on which this determination is based. (b) Answer to complaint. The respondent shall (except as provided in §821.55(b) with respect to emergency proceedings) file with the Board an answer to the complaint within 20 days after the date on which the complaint was served by the Administrator, and shall simultaneously serve a copy of the answer on the Administrator. Failure by the respondent to deny the truth of any allegation or allegations in the complaint may be deemed an admission of the truth of the allegation or allegations not answered. The answer shall also identify any affirmative defenses that the respondent intends to raise at the hearing. The answer may be amended to include affirmative defenses in accordance with the provisions of §821.12(a). In proceedings under 49 U.S.C. 44709, the burden of proof shall be upon the Administrator. Where the complaint states allegations of offenses which occurred more than 6 months prior to the Administrator's advising the respondent as to reasons for proposed action under 49 U.S.C. 44709(c), the respondent may move to dismiss such allegations as stale pursuant to the following provisions: (a) In those cases where the complaint does not allege lack of qualification of the respondent: (1) The Administrator shall be required to show, by reply filed within 15 days after the date of service of the respondent's motion, that good cause existed for the delay in providing such advice, or that the imposition of a sanction is warranted in the public interest, notwithstanding the delay or the reasons therefor. (2) If the Administrator does not establish good cause for the delay, or for the imposition of a sanction in the public interest notwithstanding the delay, the law judge shall dismiss the stale allegations and proceed to adjudicate the remaining portion of the complaint, if any. (b) In those cases where the complaint alleges lack of qualification of the respondent, the law judge shall first determine whether an issue of lack of qualification would be presented if all of the allegations, stale and timely, are assumed to be true. If so, the law judge shall deny the respondent's motion. If not, the law judge shall proceed as in paragraph (a) of this section.
Title 49: Transportation
PART 821—RULES OF PRACTICE IN AIR SAFETY PROCEEDINGS
Subpart D—Special Rules Applicable to Proceedings Under 49 U.S.C. 44709
§ 821.30 Initiation of proceeding.
§ 821.31 Complaint procedure.
§ 821.32 Burden of proof.
§ 821.33 Motion to dismiss stale complaint.
