14 CFR 13.5 - Formal complaints.

§ 13.5 Formal complaints.
(a) Any person may file a complaint with the Administrator with respect to anything done or omitted to be done by any person in contravention of any provision of any Act or of any regulation or order issued under it, as to matters within the jurisdiction of the Administrator. This section does not apply to complaints against the Administrator or employees of the FAA acting within the scope of their employment.
(b) Complaints filed under this section must—
(1) Be submitted in writing and identified as a complaint filed for the purpose of seeking an appropriate order or other enforcement action;
(2) Be submitted to the Federal Aviation Administration, Office of the Chief Counsel, Attention: Enforcement Docket (AGC-10), 800 Independence Avenue, S.W., Washington, DC 20591;
(3) Set forth the name and address, if known, of each person who is the subject of the complaint and, with respect to each person, the specific provisions of the Act or regulation or order that the complainant believes were violated;
(4) Contain a concise but complete statement of the facts relied upon to substantiate each allegation;
(5) State the name, address and telephone number of the person filing the complaint; and
(6) Be signed by the person filing the complaint or a duly authorized representative.
(c) Complaints which do not meet the requirements of paragraph (b) of this section will be considered reports under § 13.1.
(d) Complaints which meet the requirements of paragraph (b) of this section will be docketed and a copy mailed to each person named in the complaint.
(e) Any complaint filed against a member of the Armed Forces of the United States acting in the performance of official duties shall be referred to the Secretary of the Department concerned for action in accordance with the procedures set forth in § 13.21 of this part.
(f) The person named in the complaint shall file an answer within 20 days after service of a copy of the complaint.
(g) After the complaint has been answered or after the allotted time in which to file an answer has expired, the Administrator shall determine if there are reasonable grounds for investigating the complaint.
(h) If the Administrator determines that a complaint does not state facts which warrant an investigation or action, the complaint may be dismissed without a hearing and the reason for the dismissal shall be given, in writing, to the person who filed the complaint and the person named in the complaint.
(i) If the Administrator determines that reasonable grounds exist, an informal investigation may be initiated or an order of investigation may be issued in accordance with subpart F of this part, or both. Each person named in the complaint shall be advised which official has been delegated the responsibility under § 13.3(b) or (c) for conducting the investigation.
(j) If the investigation substantiates the allegations set forth in the complaint, a notice of proposed order may be issued or other enforcement action taken in accordance with this part.
(k) The complaint and other pleadings and official FAA records relating to the disposition of the complaint are maintained in current docket form in the Enforcement Docket (AGC-10), Office of the Chief Counsel, Federal Aviation Administration, 800 Independence Avenue, S.W., Washington, D. C. 20591. Any interested person may examine any docketed material at that office, at any time after the docket is established, except material that is ordered withheld from the public under applicable law or regulations, and may obtain a photostatic or duplicate copy upon paying the cost of the copy.
(Secs. 313(a), 314(a), 601 through 610, and 1102 of the Federal Aviation Act of 1958 (49 U.S.C. 1354(a), 1421 through 1430, 1502); sec. 6(c), Dept. of Transportation Act (49 U.S.C. 1655(c)))
[Doc. No 13-14, 44 FR 63723, Nov. 5, 1979; as amended by Amdt. 13-16, 45 FR 35307, May 27, 1980; Amdt. 13-19, 54 FR 39290, Sept. 25, 1989]

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