§ 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 a violation by a person of any requirement under 49 U.S.C. subtitle VII, 49 U.S.C. chapter 51, or any rule, regulation, or order issued under itthose statutes, 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 Formal Complaint Clerk (AGC-10300), 800 Independence Avenue SW, 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 statute, rule, 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, and email of the person filing the complaint; and

(6) Be signed by the person filing the complaint or a duly an authorized representative.

(c) Complaints which do A complaint that does not meet the requirements of paragraph (b) of this section will be considered reports a report under § 13.12.

(d) Complaints which meet The FAA will send a copy of a complaint that meets the requirements of paragraph (b) of this section will be docketed and a copy mailed to each person named in the complaintthe subject(s) of the complaint by certified mail.

(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

A subject of the complaint may serve a written answer to the complaint to the Formal Complaint Clerk at the address specified in paragraph (b)(2) of this section no later than 20 days after service of a copy of the complaint. For purposes of this paragraph (e), the date of service is the date on which the FAA mailed a copy of the complaint to the subject of the complaint.

(f) After the subject(s) of the complaint have served a written answer or after the allotted time to serve an answer has expired, the Administrator

shall

will determine if there are reasonable grounds for investigating the complaint

.

, and -

(

h

1) If the Administrator determines that a complaint does not state facts

which

that warrant an investigation or action, the complaint may be dismissed without a hearing and the reason for the dismissal

shall

will be given, in writing, to the person who filed the complaint and the

person named in

subject(s) of the complaint

.

; or

(

i

2) 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

The subject(s) of a complaint will be advised which official has been delegated the responsibility under § 13.3(b) or (c), as applicable, for conducting the investigation.

(

j

g) If the investigation substantiates the allegations set forth in the complaint,

a notice of proposed order may be issued or other enforcement action taken

the Administrator may take action in accordance with

this part

applicable law and FAA policy.

(

k

h) 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

the Formal Complaint Docket (AGC-

10

300), Office of the Chief Counsel, Federal Aviation Administration, 800 Independence Avenue SW,

S.W.,

Washington,

D. C.

DC 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

required to be 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]