14 CFR 13.219 - Interlocutory appeals.

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§ 13.219 Interlocutory appeals.
(a) General. Unless otherwise provided in this subpart, a party may not appeal a ruling or decision of the administrative law judge to the FAA decisionmaker until the initial decision has been entered on the record. A decision or order of the FAA decisionmaker on the interlocutory appeal does not constitute a final order of the Administrator for the purposes of judicial appellate review as provided in § 13.235 of this subpart.
(b) Interlocutory appeal for cause. If a party files a written request for an interlocutory appeal for cause with the administrative law judge, or orally requests an interlocutory appeal for cause, the proceedings are stayed until the administrative law judge issues a decision on the request. If the administrative law judge grants the request, the proceedings are stayed until the FAA decisionmaker issues a decision on the interlocutory appeal. The administrative law judge shall grant an interlocutory appeal for cause if a party shows that delay of the appeal would be detrimental to the public interest or would result in undue prejudice to any party.
(c) Interlocutory appeals of right. If a party notifies the administrative law judge of an interlocutory appeal of right, the proceedings are stayed until the FAA decisionmaker issues a decision on the interlocutory appeal. A party may file an interlocutory appeal with the FAA decisionmaker, without the consent of the administrative law judge, before an initial decision has been entered in the case of:
(1) A ruling or order by the administrative law judge barring a person from the proceedings.
(2) Failure of the administrative law judge to dismiss the proceedings in accordance with § 13.215 of this subpart.
(3) A ruling or order by the administrative law judge in violation of § 13.205(b) of this subpart.
(d) Procedure. A party shall file a notice of interlocutory appeal, with supporting documents, with the FAA decisionmaker and the hearing docket clerk, and shall serve a copy of the notice and supporting documents on each party and the administrative law judge, not later than 10 days after the administrative law judge's decision forming the basis of an interlocutory appeal of right or not later than 10 days after the administrative law judge's decision granting an interlocutory appeal for cause, whichever is appropriate. A party shall file a reply brief, if any, with the FAA decisionmaker and serve a copy of the reply brief on each party, not later than 10 days after service of the appeal brief. The FAA decisionmaker shall render a decision on the interlocutory appeal, on the record and as a part of the decision in the proceedings, within a reasonable time after receipt of the interlocutory appeal.
(e) The FAA decisionmaker may reject frivolous, repetitive, or dilatory appeals, and may issue an order precluding one or more parties from making further interlocutory appeals in a proceeding in which there have been frivolous, repetitive, or dilatory interlocutory appeals.
[Amdt. 13-21, 55 FR 27575, July 3, 1990, as amended by Amdt. 13-23, 55 FR 45983, Oct. 31, 1990; 71 FR 70464, Dec. 5, 2006]

Title 14 published on 2014-01-01

The following are only the Rules published in the Federal Register after the published date of Title 14.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-08-12; vol. 79 # 155 - Tuesday, August 12, 2014
    1. 79 FR 46964 - Orders of Compliance, Cease and Desist Orders, Orders of Denial, and Other Orders
      GPO FDSys XML | Text
      DEPARTMENT OF TRANSPORTATION, Federal Aviation Administration
      Immediate final rule; request for comments.
      Effective October 14, 2014. Submit comments on or before September 11, 2014.
      14 CFR Part 13

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United States Code
U.S. Code: Title 18 - CRIMES AND CRIMINAL PROCEDURE
U.S. Code: Title 28 - JUDICIARY AND JUDICIAL PROCEDURE
U.S. Code: Title 49 - TRANSPORTATION

§ 106 - Federal Aviation Administration

§ 5121 - Administrative

§ 5122 - Enforcement

§ 5123 - Civil penalty

§ 5124 - Criminal penalty

§ 5125 - Preemption

§ 5126 - Relationship to other laws

§ 5127 - Judicial review

§ 5128 - Authorization of appropriations

§ 40113 - Administrative

§ 40114 - Reports and records

§ 44103 - Registration of aircraft

§ 44104 - Registration of aircraft components and dealers’ certificates of registration

§ 44105 - Suspension and revocation of aircraft certificates

§ 44106 - Revocation of aircraft certificates for controlled substance violations

§ 44702 - Issuance of certificates

§ 44703 - Airman certificates

§ 44709 - Amendments, modifications, suspensions, and revocations of certificates

§ 44710 - Revocations of airman certificates for controlled substance violations

§ 44713 - Inspection and maintenance

§ 46101 - Complaints and investigations

§ 46102 - Proceedings

§ 46103 - Service of notice, process, and actions

§ 46104 - Evidence

§ 46105 - Regulations and orders

§ 46106 - Enforcement by the Department of Transportation

§ 46107 - Enforcement by the Attorney General

§ 46108 - Enforcement of certificate requirements by interested persons

§ 46109 - Joinder and intervention

§ 46110 - Judicial review

§ 46111 - Certificate actions in response to a security threat

§ 46301 - Civil penalties

§ 46302 - False information

§ 46304 - Liens on aircraft

§ 46305 - Actions to recover civil penalties

§ 46306 - Registration violations involving aircraft not providing air transportation

§ 46307 - Violation of national defense airspace

§ 46308 - Interference with air navigation

§ 46309 - Concession and price violations

§ 46310 - Reporting and recordkeeping violations

§ 46311 - Unlawful disclosure of information

§ 46312 - Transporting hazardous material

§ 46313 - Refusing to appear or produce records

§ 46314 - Entering aircraft or airport area in violation of security requirements

§ 46315 - Lighting violations involving transporting controlled substances by aircraft not providing air transportation

§ 46316 - General criminal penalty when specific penalty not provided

§ 46318 - Interference with cabin or flight crew

§ 46501 - Definitions

§ 46502 - Aircraft piracy

§ 46504 - Interference with flight crew members and attendants

§ 46505 - Carrying a weapon or explosive on an aircraft

§ 46506 - Application of certain criminal laws to acts on aircraft

§ 46507 - False information and threats

§ 47106 - Project grant application approval conditioned on satisfaction of project requirements

§ 47107 - Project grant application approval conditioned on assurances about airport operations

§ 47111 - Payments under project grant agreements

§ 47122 - Administrative

§ 47306 - Criminal penalty

§ 47531 - Penalties

§ 47532 - Judicial review

Title 14 published on 2014-01-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 14 CFR 13 after this date.

  • 2014-08-12; vol. 79 # 155 - Tuesday, August 12, 2014
    1. 79 FR 46964 - Orders of Compliance, Cease and Desist Orders, Orders of Denial, and Other Orders
      GPO FDSys XML | Text
      DEPARTMENT OF TRANSPORTATION, Federal Aviation Administration
      Immediate final rule; request for comments.
      Effective October 14, 2014. Submit comments on or before September 11, 2014.
      14 CFR Part 13