§ 13.16 Civil penalties: Administrative assessment against a person other than an individual acting as a pilot, flight engineer, mechanic, or repairman; administrative assessment against all persons for hazardous materials violations. ( a ) *General.* The FAA uses the procedures in this section when it assesses a civil penalty against a person other than an individual acting as a pilot, flight engineer, mechanic, or repairman for a violation cited in the first sentence of 49 U.S.C. 46301(d)(2), or in 49 U.S.C. 47531, or any implementing rule, regulation, or order, except when the U.S. district courts have exclusive jurisdiction.
( b ) *District court jurisdiction.* The U.S. district courts have exclusive jurisdiction of any civil penalty action initiated by the FAA for violations described in paragraph (a) of this section if— ( 1 ) The amount in controversy is more than $400,000 for a violation committed by a person other than an individual or small business concern;
( 2 ) The amount in controversy is more than $50,000 for a violation committed by an individual or a small business concern;
( 3 ) The action is in rem or another action in rem based on the same violation has been brought;
( 4 ) The action involves an aircraft subject to a lien that has been seized by the Government; or
( 5 ) Another action has been brought for an injunction based on the same violation.
( c ) *Hazardous materials violations.* An order assessing a civil penalty for a violation under 49 U.S.C. chapter 51, or a rule, regulation, or order issued under 49 U.S.C. chapter 51, is issued only after the following factors have been considered: ( 1 ) The nature, circumstances, extent, and gravity of the violation;
( 2 ) With respect to the violator, the degree of culpability, any history of prior violations, the ability to pay, and any effect on the ability to continue to do business; and
( 3 ) Other matters that justice requires.
( d ) *Delegation of authority.* The authority of the Administrator is delegated to each Deputy Chief Counsel and the Assistant Chief Counsel for Enforcement, as follows: ( 1 ) Under 49 U.S.C. 46301(d), 47531, and 5123, and 49 CFR 1.83, to initiate and assess civil penalties for a violation of those statutes or a rule, regulation, or order issued under those provisions;
( 2 ) Under 49 U.S.C. 5123, 49 CFR 1.83, 49 U.S.C. 46301(d), and 49 U.S.C. 46305, to refer cases to the Attorney General of the United States or a delegate of the Attorney General for collection of civil penalties;
( 3 ) Under 49 U.S.C. 46301(f), to compromise the amount of a civil penalty imposed; and
( 4 ) Under 49 U.S.C. 5123(e) and (f) and 49 CFR 1.83, to compromise the amount of a civil penalty imposed.
( e ) *Order assessing civil penalty.* ( 1 ) An order assessing civil penalty may be issued for a violation described in paragraph (a) or (c) of this section, or as otherwise provided by statute, after notice and opportunity for a hearing, when: ( i ) A person charged with a violation agrees to pay a civil penalty for a violation; or
( ii ) A person charged with a violation does not request a hearing under paragraph (g)(2)(ii) of this section within 15 days after receipt of a final notice of proposed civil penalty.
( 2 ) The following also serve as an order assessing civil penalty: ( i ) An initial decision or order issued by an administrative law judge as described in § 13.232(e).
( ii ) A decision or order issued by the FAA decisionmaker as described in § 13.233(j).
( f ) *Notice of proposed civil penalty.* A civil penalty action is initiated by sending a notice of proposed civil penalty to the person charged with a violation, the designated agent for the person, or if there is no such designated agent, the president of the company charged with a violation. In response to a notice of proposed civil penalty, a company may designate in writing another person to receive documents in that civil penalty action. The notice of proposed civil penalty contains a statement of the charges and the amount of the proposed civil penalty. Not later than 30 days after receipt of the notice of proposed civil penalty, the person charged with a violation may— ( 1 ) Submit the amount of the proposed civil penalty or an agreed-upon amount, in which case either an order assessing civil penalty or compromise order under paragraph (n) of this section may be issued in that amount;
( 2 ) Submit to the agency attorney one of the following: ( i ) Written information, including documents and witness statements, demonstrating that a violation of the regulations did not occur or that a penalty or the amount of the penalty is not warranted by the circumstances.
( ii ) A written request to reduce the proposed civil penalty, stating the amount of reduction and the reasons and providing any documents supporting a reduction of the proposed civil penalty, including records indicating a financial inability to pay or records showing that payment of the proposed civil penalty would prevent the person from continuing in business.
( iii ) A written request for an informal conference to discuss the matter with the agency attorney and to submit relevant information or documents; or
( 3 ) Request a hearing conducted in accordance with subpart G of this part.
( g ) *Final notice of proposed civil penalty.* A final notice of proposed civil penalty will be sent to the person charged with a violation, the designated agent for the person, the designated agent named in accordance with paragraph (f) of this section, or the president of the company charged with a violation. The final notice of proposed civil penalty contains a statement of the charges and the amount of the proposed civil penalty and, as a result of information submitted to the agency attorney during informal procedures, may modify an allegation or a proposed civil penalty contained in a notice of proposed civil penalty. ( 1 ) A final notice of proposed civil penalty may be issued— ( i ) If the person charged with a violation fails to respond to the notice of proposed civil penalty within 30 days after receipt of that notice; or
( ii ) If the parties participated in any procedures under paragraph (f)(2) of this section and the parties have not agreed to compromise the action or the agency attorney has not agreed to withdraw the notice of proposed civil penalty.
( 2 ) Not later than 15 days after receipt of the final notice of proposed civil penalty, the person charged with a violation may do one of the following: ( i ) Submit the amount of the proposed civil penalty or an agreed-upon amount, in which case either an order assessing civil penalty or a compromise order under paragraph (n) of this section may be issued in that amount; or
( ii ) Request a hearing conducted in accordance with subpart G of this part.
( h ) *Request for a hearing.* Any person requesting a hearing, under paragraph (f)(3) or (g)(2)(ii) of this section must file the request with the FAA Hearing Docket Clerk and serve the request on the agency attorney in accordance with the requirements in subpart G of this part.
( i ) *Hearing.* The procedural rules in subpart G of this part apply to the hearing.
( j ) *Appeal.* Either party may appeal the administrative law judge's initial decision to the FAA decisionmaker under the procedures in subpart G of this part. The procedural rules in subpart G of this part apply to the appeal.
( k ) *Judicial review.* A person may seek judicial review only of a final decision and order of the FAA decisionmaker in accordance with § 13.235.
( l ) *Payment.* ( 1 ) A person must pay a civil penalty by: ( i ) Sending a certified check or money order, payable to the Federal Aviation Administration, to the FAA office identified in the notice of proposed civil penalty, the final notice of proposed civil penalty, or the order assessing civil penalty; or
( ii ) Making an electronic payment according to the directions specified in the notice of proposed civil penalty, the final notice of proposed civil penalty, or the order assessing civil penalty.
( 2 ) The civil penalty must be paid within 30 days after service of the order assessing civil penalty, unless otherwise agreed to by the parties. In cases where a hearing is requested, an appeal to the FAA decisionmaker is filed, or a petition for review of the FAA decisionmaker's decision is filed in a U.S. court of appeals, the civil penalty must be paid within 30 days after all litigation in the matter is completed and the civil penalty is affirmed in whole or in part.
( m ) *Collection of civil penalties.* If an individual does not pay a civil penalty imposed by an order assessing civil penalty or other final order, the Administrator may take action to collect the penalty.
( n ) *Compromise.* The FAA may compromise the amount of any civil penalty imposed under this section under 49 U.S.C. 5123(e), 46301(f), or 46318 at any time before referring the action to the United States Attorney General, or the delegate of the Attorney General, for collection. ( 1 ) When a civil penalty is compromised with a finding of violation, an agency attorney issues an order assessing civil penalty.
( 2 ) When a civil penalty is compromised without a finding of violation, the agency attorney issues a compromise order that states the following: ( i ) The person has paid a civil penalty or has signed a promissory note providing for installment payments.
( ii ) The FAA makes no finding of a violation.
( iii ) The compromise order will not be used as evidence of a prior violation in any subsequent civil penalty proceeding or certificate action proceeding.