14 CFR 13.234 - Petition to reconsider or modify a final decision and order of the FAA decisionmaker on appeal.

§ 13.234 Petition to reconsider or modify a final decision and order of the FAA decisionmaker on appeal.
(a) General. Any party may petition the FAA decisionmaker to reconsider or modify a final decision and order issued by the FAA decisionmaker on appeal from an initial decision. A party shall file a petition to reconsider or modify with the FAA decisionmaker not later than 30 days after service of the FAA decisionmaker's final 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 issued by an administrative law judge that has not been appealed by any party to the FAA decisionmaker.
(b) Form and number of copies. A party shall file a petition to reconsider or modify, in writing, with the FAA decisionmaker. The party shall file the original petition with the FAA decisionmaker and shall serve a copy of the petition on each party.
(c) Contents. A party shall state briefly and specifically the alleged errors in the final decision and order on appeal, the relief sought by the party, and the grounds that support, the petition to reconsider or modify.
(1) If the petition is based, in whole or in part, on allegations regarding the consequences 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 raised in the proceedings, the party shall set forth the new material and include affidavits of prospective witnesses and authenticated documents that would be 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 repetitious or frivolous petitions. The FAA decisionmaker may summarily dismiss repetitious or frivolous petitions to reconsider or modify.
(e) Reply petitions. Any other party may reply to a petition to reconsider or modify, not later than 10 days after service of the petition on that party, by filing a reply with the FAA decisionmaker. A party shall serve a copy of the reply on each party.
(f) Effect of filing petition. Unless otherwise ordered by the FAA decisionmaker, filing of a petition pursuant to this section will not stay or delay the effective date of the FAA decisionmaker's final decision and order on appeal and shall not toll the time allowed for judicial review.
(g) FAA decisionmaker's decision on petition. The FAA decisionmaker has sole discretion to grant or deny a petition to reconsider or modify. The FAA decisionmaker will grant or deny a petition to reconsider or modify within a reasonable time after receipt of the petition or receipt of the reply petition, if any. The FAA decisionmaker may affirm, modify, or reverse the final decision and order on appeal, or may remand the case for any proceedings that the FAA decisionmaker determines may be necessary.
[Amdt. 13-21, 55 FR 27575, July 3, 1990; 55 FR 29293, July 18, 1990; Amdt. 13-23, 55 FR 45983, Oct. 31, 1990]

Title 14 published on 2014-01-01

no entries appear in the Federal Register after this date.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


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