On February 18, 2005, the FAA published a Final Rule amending some of the procedural regulations regarding civil penalty actions and appeals of intial decisions on EAJA fee applications. Additionally, the rule formalizes the existing separation between the the Deputy Chief Counsel for Policy and Adjudication and the Assistant Chief Counsel for Regulations, or an attorney on her staff, in order to comply with 14 CFR 13.202(3), which provides that an attorney supervised in a civil penalty action by an adviser to the Administrator in that civil penalty (or a factually related) action shall not prosecute that action.
With respect to civil penalty actions, the FAA Civil Penalty Hearing Docket has been moved and is now located in Room 2014 of the Wilbur Wright Building, 600 Independence Avenue, SW., Washington,DC 20591. If you want to hand-deliver a document for filing or would like to review the documents in a file, you need to go to the above address. If you want to send a package via courier to the Hearing Docket, you should address the package as follows: Hearing Docket, Federal Aviation Administration, 600 Independence Avenue, SW., Wilbur Wright Building–Room 2014, Washington, DC 20591; Att: Hearing Docket Clerk, AGC-430. If you want to file a document via U.S. Mail you should use the following address: Hearing Docket, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; Att: Hearing Docket Clerk, AGC-430, Wilbur Wright Building–Room 2014.
Under the final rule, the rules governing appeals of EAJA initial decisions, 14 CFR 14, are also amended to make it “clear to the parties that the procedural rules in 14 CFR part 13, subpart G, govern any appeal from an initial decision concerning a fee application under the EAJA when the underlying action was governed by 14 CFR part 13, subpart G.”
For more information regarding civil penalty actions, you can go to the FAA’s Civil Penalty Website.
