{"database": "openregs", "table": "cfr_sections", "is_view": false, "human_description_en": "where part_number = 16 sorted by section_id", "rows": [["10:10:1.0.1.1.14.0.76.1", 10, "Energy", "I", "", "16", "PART 16\u2014SALARY OFFSET PROCEDURES FOR COLLECTING DEBTS OWED BY FEDERAL EMPLOYEES TO THE FEDERAL GOVERNMENT", "", "", "", "\u00a7 16.1 Purpose and scope.", "NRC", "", "", "[56 FR 51830, Oct. 16, 1991, as amended at 63 FR 15743, Apr. 1, 1998; 67 FR 57507, Sept. 11, 2002]", "(a) This part provides procedures for the collection by administrative offset of a Federal employee's salary without his/her consent to satisfy certain debts owed to the Federal Government. This part applies to all Federal employees who owe debts to the Nuclear Regulatory Commission (NRC) and to current employees of the NRC who owe debts to other Federal agencies. This part does not apply when the employee consents to recovery from his/her current pay account.\n\n(b) These procedures do not apply to debts or claims arising under:\n\n(1) The Internal Revenue Code of 1954, as amended, 26 U.S.C. 1  et seq.;\n\n(2) The tariff laws of the United States; or\n\n(3) Any case where a collection of a debt by salary offset is explicitly provided for or prohibited by another statute.\n\n(c) These procedures do not apply to any adjustment to pay arising out of an employee's selection of coverage or a change in coverage under a Federal benefits program requiring periodic deductions from pay if the amount to be recovered was accumulated over four pay periods or less.\n\n(d) These procedures do not preclude the compromise, suspension, or termination of collection action where appropriate under the standards implementing the revised Federal Claims Collection Standards (FCCS), 31 U.S.C. 3711  et seq.,  31 CFR chapter IX, parts 900 through 904.\n\n(e) This part does not preclude an employee from requesting waiver of an overpayment under 5 U.S.C. 5584, 10 U.S.C. 2774, or 32 U.S.C. 716 or in any way questioning the amount or validity of the debt by submitting a subsequent claim to the NRC. This part does not preclude an employee from requesting a waiver pursuant to other statutory provisions applicable to the particular debt being collected.\n\n(f) The NRC is not limited to collection remedies contained in the revised FCCS. The FCCS is not intended to impair common law remedies."], ["10:10:1.0.1.1.14.0.76.10", 10, "Energy", "I", "", "16", "PART 16\u2014SALARY OFFSET PROCEDURES FOR COLLECTING DEBTS OWED BY FEDERAL EMPLOYEES TO THE FEDERAL GOVERNMENT", "", "", "", "\u00a7 16.17 Refunds.", "NRC", "", "", "", "(a) The NRC will refund promptly any amounts deducted to satisfy debts owed to the NRC when the debt is waived, found not owed to the NRC, or when directed by an administrative or Judicial order.\n\n(b) The creditor agency will promptly return any amounts deducted by NRC to satisfy debts owed to the creditor agency when the debt is waived, found not owed, or when directed by an administrative or judicial order.\n\n(c) Unless required or permitted by law or contract, refunds under this section may not bear interest."], ["10:10:1.0.1.1.14.0.76.11", 10, "Energy", "I", "", "16", "PART 16\u2014SALARY OFFSET PROCEDURES FOR COLLECTING DEBTS OWED BY FEDERAL EMPLOYEES TO THE FEDERAL GOVERNMENT", "", "", "", "\u00a7 16.19 Statute of limitations.", "NRC", "", "", "", "If a debt has been outstanding for more than 10 years after the agency's right to collect the debt first accrued, the agency may not collect by salary offset unless facts material to the Government's right to collect were not known and could not reasonably have been known by the NRC official or officials who were charged with the responsibility for discovery and collection of the debts."], ["10:10:1.0.1.1.14.0.76.12", 10, "Energy", "I", "", "16", "PART 16\u2014SALARY OFFSET PROCEDURES FOR COLLECTING DEBTS OWED BY FEDERAL EMPLOYEES TO THE FEDERAL GOVERNMENT", "", "", "", "\u00a7 16.21 Non-waiver of rights.", "NRC", "", "", "", "An employee's involuntary payment of all or any part of a debt collected under these regulations will not be construed as a waiver of any rights that the employee may have under 5 U.S.C. 5514 or any other provision of contract or law, unless there are statutes or contract(s) to the contrary."], ["10:10:1.0.1.1.14.0.76.13", 10, "Energy", "I", "", "16", "PART 16\u2014SALARY OFFSET PROCEDURES FOR COLLECTING DEBTS OWED BY FEDERAL EMPLOYEES TO THE FEDERAL GOVERNMENT", "", "", "", "\u00a7 16.23 Interest, penalties, and administrative charges.", "NRC", "", "", "[67 FR 57509, Sept. 11, 2002]", "Charges may be assessed for interest, penalties, and administrative charges in accordance with the FCCS, 31 CFR Chapter IX, 901.9."], ["10:10:1.0.1.1.14.0.76.2", 10, "Energy", "I", "", "16", "PART 16\u2014SALARY OFFSET PROCEDURES FOR COLLECTING DEBTS OWED BY FEDERAL EMPLOYEES TO THE FEDERAL GOVERNMENT", "", "", "", "\u00a7 16.3 Definitions.", "NRC", "", "", "[56 FR 51830, Oct. 16, 1991, as amended at 67 FR 57507, Sept. 11, 2002]", "For the purposes of this part, the following definitions apply:\n\nAdministrative charges  are those amounts assessed by NRC to cover the costs of processing and handling delinquent debts due the Government.\n\nAdministrative offset  means withholding money payable by the United States Government to, or held by the Government for, a person to satisfy a debt the person owes the United States Government.\n\nAgency  means any agency of the executive, legislative, and judicial branches of the Federal Government, including Government corporations.\n\nCentralized salary offset computer matching  describes the computerized process used to match delinquent debt records with Federal salary payment records when the purpose of the match is to identify Federal employees who owe debt to the Federal Government.\n\nCreditor agency  means the agency to which the debt is owed, including a debt collection center when acting in behalf of a creditor agency in matters pertaining to the collection of a debt.\n\nDebt  and  claim  are used synonymously to refer to an amount of money, funds, or property that has been determined by an agency official to be owed to the United States from any person, organization, or entity, except another Federal agency. For the purposes of administrative offset under 31 U.S.C. 3716, the terms  debt  and  claim  include an amount of money, funds, or property owed by a person to a State (including past-due support being enforced by a State), the District of Columbia, American Samoa, Guam, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, or the Commonwealth of Puerto Rico.\n\nDebt collection center  means the Department of the Treasury or other Government agency or division designated by the Secretary of the Treasury with authority to collect debts on behalf of creditor agencies.\n\nDelinquent debt record  refers to the information about a debt that an agency submits to Treasury when the agency refers the debt for collection by offset in accordance with the provision of 31 U.S.C. 3716.\n\nDisbursing official  means an official who has authority to disburse Federal salary payments pursuant to 31 U.S.C. 3321 or another law.\n\nDisposable pay  means that part of current basic pay, special pay, incentive pay, retired pay, retainer pay, or in the case of an employee not entitled to basic pay, other authorized pay remaining after the deduction of:\n\n(1) Any amount required by law to be withheld;\n\n(2) Amounts properly withheld for Federal, state or local income tax purposes;\n\n(3) Amounts deducted as health insurance premiums;\n\n(4) Amounts deducted as normal retirement contributions, not including amounts deducted for supplementary coverage; and\n\n(5) Amounts deducted as normal life insurance premiums not including amounts deducted for supplementary coverage.\n\nEmployee  is any individual employed by any agency of the executive, legislative, and judicial branches of the Federal Government, including Government corporations.\n\nFCCS  means the Federal Claims Collection Standards jointly published by the Department of the Treasury and the Department of Justice at 31 CFR Chapter IX, Parts 900 through 904.\n\nHearing official  means an individual responsible for conducting any hearing with respect to the existence or amount of a debt claimed or the repayment schedule if not established by written agreement between the employee and the NRC, and who renders a decision on the basis of this hearing.\n\nPaying agency  means the agency that employs the individual who owes the debt and authorizes the payment of his/her current pay.\n\nSalary offset  means an administrative offset to collect a debt under 5 U.S.C. 5514 by deduction(s) at one or more officially established pay intervals from the current pay account of an employee without his or her consent.\n\nTreasury  as used in 10 CFR part 16 means the Department of the Treasury.\n\nWaiver  means the cancellation, remission, forgiveness, or non-recovery of a debt allegedly owed by an employee to an agency as permitted or required by 5 U.S.C. 5584, 10 U.S.C. 2774, 32 U.S.C. 716, 5 U.S.C. 8346(b), or any other law."], ["10:10:1.0.1.1.14.0.76.3", 10, "Energy", "I", "", "16", "PART 16\u2014SALARY OFFSET PROCEDURES FOR COLLECTING DEBTS OWED BY FEDERAL EMPLOYEES TO THE FEDERAL GOVERNMENT", "", "", "", "\u00a7 16.5 Application.", "NRC", "", "", "", "The regulations in this part are to be followed when:\n\n(a) The NRC is owed a debt by an individual currently employed by another Federal agency;\n\n(b) The NRC is owed a debt by an individual who is a current employee of the NRC; or\n\n(c) The NRC employs an individual who owes a debt to another Federal agency."], ["10:10:1.0.1.1.14.0.76.4", 10, "Energy", "I", "", "16", "PART 16\u2014SALARY OFFSET PROCEDURES FOR COLLECTING DEBTS OWED BY FEDERAL EMPLOYEES TO THE FEDERAL GOVERNMENT", "", "", "", "\u00a7 16.7 Notice requirements.", "NRC", "", "", "[56 FR 51830, Oct. 16, 1991, as amended at 67 FR 57508, Sept. 11, 2002]", "(a) If the NRC is the creditor agency, deductions will not be made unless the NRC provides the employee with a signed written notice of the debt at least 30 days before salary offset commences. The notice will be delivered in person or by certified or registered mail, return receipt requested, with receipt returned as proof of delivery.\n\n(b) The written notice must contain:\n\n(1) A statement that the debt is owed and an explanation of its origin, nature, and amount;\n\n(2) The NRC's intention to collect the debt by deducting from the employee's current disposable pay account;\n\n(3) The amount and frequency of the intended deduction (stated as a fixed dollar amount or as a percentage of pay, not to exceed 15 percent of disposable pay) and the intention to continue the deduction until the debt is paid in full or otherwise resolved.\n\n(4) An explanation of interest, penalties, and administrative charges, including a statement that these charges will be assessed unless excused in accordance with the Federal Claims Collection Standards at 4 CFR parts 101-105;\n\n(5) The employee's right to inspect and copy government records pertaining to the debt or, if the employee or his or her representative cannot personally inspect the records, to request and receive a copy of these records;\n\n(6) If not previously provided, the opportunity (under terms agreeable to the NRC) to establish a schedule for the voluntary repayment of the debt or to enter into a written agreement to establish a schedule for repayment of the debt in lieu of offset (31 CFR Chapter IX, 901.2). The agreement must be in writing, signed by the employee and the NRC, and documented in the NRC's files.\n\n(7) The employee's right to a hearing conducted by an official arranged for by the NRC (an administrative law judge, or alternatively, a hearing official not under the control of the head of the agency) if a petition is filed as prescribed in \u00a7 16.9;\n\n(8) The methods and time period for petitioning for hearings;\n\n(9) A statement that the timely filing of a petition for a hearing will stay the commencement of collection proceedings;\n\n(10) A statement that a final decision on the hearing will be issued not later than 60 days after the filing of the petition requesting the hearing unless the employee requests and the hearing official grants a delay in the proceedings;\n\n(11) A statement that knowingly false or frivolous statements, representations, or evidence may subject the employee to appropriate disciplinary procedures under chapter 75 of title 5, United States Code and 5 CFR part 752, penalties under the False Claims Act, sections 3729-3731 of title 31, United States Code or other applicable statutory authority, or criminal penalties under section 286, 287, 1001 and 1002 of title 18, United States Code or any other applicable statutory authority;\n\n(12) A statement of other rights and remedies available to the employee under statutes or regulations governing the program for which the collection is being made; and\n\n(13) Unless there are contractual or statutory provisions to the contrary, a statement that amounts paid on or deducted for the debt which are later waived or found not owed to the United States will be promptly refunded to the employee."], ["10:10:1.0.1.1.14.0.76.5", 10, "Energy", "I", "", "16", "PART 16\u2014SALARY OFFSET PROCEDURES FOR COLLECTING DEBTS OWED BY FEDERAL EMPLOYEES TO THE FEDERAL GOVERNMENT", "", "", "", "\u00a7 16.8 Information collection requirements: OMB approval.", "NRC", "", "", "[67 FR 57508, Sept. 11, 2002]", "This part contains no information collection requirements, and, therefore, is not subject to the requirements of the Paperwork Reduction Act (44 U.S.C. 3501  et. seq. )."], ["10:10:1.0.1.1.14.0.76.6", 10, "Energy", "I", "", "16", "PART 16\u2014SALARY OFFSET PROCEDURES FOR COLLECTING DEBTS OWED BY FEDERAL EMPLOYEES TO THE FEDERAL GOVERNMENT", "", "", "", "\u00a7 16.9 Hearing.", "NRC", "", "", "[56 FR 51830, Oct. 16, 1991, as amended at 67 FR 57508, Sept. 11, 2002]", "(a)  Request for hearing.  (1) An employee shall file a petition for a hearing in accordance with the instructions outlined in the creditor agency's notice of offset.\n\n(2) If the NRC is the creditor agency, a hearing may be requested by filing a written petition stating why the employee disputes the existence or amount of the debt or the repayment schedule if it was not established by written agreement between the employee and the NRC. The employee shall sign the petition and fully identify and explain with reasonable specificity all the facts, evidence, and witnesses, if any, which the employee believes support his or her position. The petition for a hearing must be received no later than fifteen (15) calendar days after receipt of the notice of offset unless the employee can show that the delay in meeting the deadline date was because of circumstances beyond his or her control or because of failure to receive notice of the time limit (unless otherwise aware of it).\n\n(b)  Hearing procedures.  (1) The hearing will be presided over by a hearing official arranged by NRC (an administrative law judge or, alternatively, a hearing official not under the supervision or control of the head of the agency.)\n\n(2) The hearing must conform to procedures contained in the revised FCCS, 31 CFR Chapter IX, 901.3(e). The burden is on the employee to demonstrate either that the existence or the amount of the debt is in error or that the terms of the repayment schedule would result in undue financial hardship or would be against equity and good conscience.\n\n(3) An employee is entitled to representation of his or her choice at any stage of the proceeding. NRC attorneys may not be provided as representatives for the debtor. The NRC will not compensate the debtor for representation expenses, including hourly fees for attorneys, travel expenses, and costs for reproducing documents."], ["10:10:1.0.1.1.14.0.76.7", 10, "Energy", "I", "", "16", "PART 16\u2014SALARY OFFSET PROCEDURES FOR COLLECTING DEBTS OWED BY FEDERAL EMPLOYEES TO THE FEDERAL GOVERNMENT", "", "", "", "\u00a7 16.11 Written decision.", "NRC", "", "", "", "(a) The hearing official will issue a written opinion no later than 60 days after the hearing.\n\n(b) The written opinion must include:\n\n(1) A statement of the facts presented to demonstrate the nature and origin of the alleged debt;\n\n(2) The hearing official's analysis, findings, and conclusions;\n\n(3) The amount and validity of the debt; and\n\n(4) The repayment schedule, where appropriate."], ["10:10:1.0.1.1.14.0.76.8", 10, "Energy", "I", "", "16", "PART 16\u2014SALARY OFFSET PROCEDURES FOR COLLECTING DEBTS OWED BY FEDERAL EMPLOYEES TO THE FEDERAL GOVERNMENT", "", "", "", "\u00a7 16.13 Procedures for centralized administrative offset.", "NRC", "", "", "[67 FR 57508, Sept. 11, 2002]", "(a) The NRC must notify Treasury of all debts that are delinquent as defined in the FCCS (over 180 days old) so that recovery may be made by centralized administrative offset. This includes those debts the NRC seeks to recover from the pay account of an employee of another agency via salary offset. The Treasury and other Federal disbursing officials will match payments, including Federal salary payments, against such debts. When a match occurs, and all the requirements for offset have been met, the payments will be offset to collect the debt. Prior to offset of the pay account of an employee, the NRC must comply with the requirements of 5 U.S.C. 5514, 5 CFR part 550, and 10 CFR part 15. Procedures for notifying Treasury of a debt for purposes of collection by centralized administrative offset are contained in 31 CFR part 285 and 10 CFR 15.33. Procedures for internal salary offset are contained in \u00a7 16.15 of this chapter.\n\n(b) When the NRC determines that an employee of another Federal agency owes a delinquent debt to the NRC, the NRC will, as appropriate:\n\n(1) Arrange for a hearing upon the proper petitioning by the employee;\n\n(2) Provide the Federal employee with a notice and an opportunity to dispute the debt as contained in 5 U.S.C. 5514 and 10 CFR 15.26.\n\n(3) Submit the debt to Treasury for centralized administrative offset and certify in writing that the debtor has been afforded the legally required due process notification.\n\n(4) If collection must be made in installments, the NRC must advise the paying agency of the amount or percentage of disposable pay to be collected in each installment.\n\n(c)  Offset amount.  (1) The amount offset from a salary payment under this section shall be the lesser of:\n\n(i) The amount of the debt, including any interest, penalties, and administrative costs; or\n\n(ii) An amount up to 15 percent of the debtor's disposable pay.\n\n(2) Alternatively, the amount offset may be an amount agreed upon, in writing, by the debtor and the NRC.\n\n(3) Offsets will continue until the debt, including any interest, penalties, and administrative costs, is paid in full or otherwise resolved to the satisfaction of the NRC.\n\n(d)  Priorities.  (1) A levy pursuant to the Internal Revenue Code of 1986 shall take precedence over other deductions under this section.\n\n(2) When a salary payment may be reduced to collect more than one debt, amounts offset under this section will be applied to a debt only after amounts offset have been applied to satisfy past due child support debt assigned to a State pursuant 26 U.S.C. 6402(c) and 31 CFR 285.7(h)(2).\n\n(e)  Notice.  (1) Before offsetting a salary payment, the disbursing official, or the paying agency on behalf of the disbursing official, shall notify the Federal employee in writing of the date that deductions from salary will commence and of the amount of such deductions.\n\n(2)(i) When an offset occurs under this section, the disbursing official, or the paying agency on behalf of the disbursing official, shall notify the Federal employee in writing that an offset has occurred including:\n\n(A) A description of the payment and the amount of the offset taken;\n\n(B) Identification of NRC as the agency requesting the offset; and,\n\n(C) A contact point within the NRC that will handle concerns regarding the offset.\n\n(ii) The information described in paragraphs (e)(2)(i)(B) and (e)(2)(i)(C) of this section does not need to be provided to the Federal employee when the offset occurs if such information was included in a prior notice from the disbursing official or paying agency.\n\n(3) The disbursing official will advise the NRC of the names, mailing addresses, and taxpayer identifying numbers of the debtors from whom amounts of past-due, legally enforceable debt were collected and of the amounts collected from each debtor. The disbursing official will not advise the NRC of the source of payment from which such amounts were collected.\n\n(f)  Fees.  Agencies that perform centralized salary offset computer matching services may charge a fee sufficient to cover the full cost of such services. In addition, Treasury or a paying agency acting on behalf of Treasury, may charge a fee sufficient to cover the full cost of implementing the administrative offset program. Treasury may deduct the fees from amounts collected by offset or may bill the NRC. Fees charged for offset shall be based on actual administrative offsets completed.\n\n(g)  Disposition of amounts collected.  The disbursing official conducting the offset will transmit amounts collected for debts, less fees charged under paragraph (f) of this section, to NRC. If an erroneous offset payment is made to the NRC, the disbursing official will notify the NRC that an erroneous offset payment has been made. The disbursing official may deduct the amount of the erroneous offset payment from future amounts payable to the NRC. Alternatively, upon the disbursing official's request, the NRC shall return promptly to the disbursing official or the affected payee an amount equal to the amount of the erroneous payment (without regard to whether any other amounts payable to the agency have been paid). The disbursing official and the NRC shall adjust the debtor records appropriately."], ["10:10:1.0.1.1.14.0.76.9", 10, "Energy", "I", "", "16", "PART 16\u2014SALARY OFFSET PROCEDURES FOR COLLECTING DEBTS OWED BY FEDERAL EMPLOYEES TO THE FEDERAL GOVERNMENT", "", "", "", "\u00a7 16.15 Procedures for internal salary offset.", "NRC", "", "", "", "(a) Deductions to liquidate an employee's debt will be by the method and in the amount stated in the NRC's notice of intention to offset as provided in \u00a7 16.7. Debts will be collected in one lump sum where possible. If the employee is financially unable to pay in one lump sum, collection must be made in installments.\n\n(b) Debts will be collected by deduction at officially established pay intervals from an employee's current pay account unless alternative arrangements for repayment are made.\n\n(c) Installment deductions will be made over a period not greater than the anticipated period of employment. The size of installment deductions must bear a reasonable relationship to the size of the debt and the employee's ability to pay. The deduction for the pay intervals for any period may not exceed 15% of disposable pay unless the employee has agreed in writing to a deduction of a greater amount.\n\n(d) Offset against any subsequent payment due an employee who retires or resigns or whose employment or period of active duty ends before collection of the debt is completed is provided for in accordance with 31 U.S.C. 3716. These payments include but are not limited to final salary payment or lump-sum leave due the employee from the paying agency as of the date of separation to the extent necessary to liquidate the debt."], ["14:14:1.0.1.2.8.1.11.1", 14, "Aeronautics and Space", "I", "B", "16", "PART 16\u2014RULES OF PRACTICE FOR FEDERALLY-ASSISTED AIRPORT ENFORCEMENT PROCEEDINGS", "A", "Subpart A\u2014General Provisions", "", "\u00a7 16.1 Applicability and description of part.", "FAA", "", "", "[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as amended at Amdt. 16-1, 78 FR 56141, Sept. 12, 2013]", "(a)  General.  The provisions of this part govern all Federal Aviation Administration (FAA) proceedings involving Federally-assisted airports, except for complaints or requests for determination filed with the Secretary under 14 CFR part 302, whether the proceedings are instituted by order of the FAA or by filing a complaint with the FAA under the following authorities:\n\n(1) 49 U.S.C. 40103(e), prohibiting the grant of exclusive rights for the use of any landing area or air navigation facility on which Federal funds have been expended (formerly section 308 of the Federal Aviation Act of 1958, as amended).\n\n(2) Requirements of the Anti-Head Tax Act, 49 U.S.C. 40116.\n\n(3) The assurances and other Federal obligations contained in grant-in-aid agreements issued under the Federal Airport Act of 1946, 49 U.S.C. 1101  et seq.  (repealed 1970).\n\n(4) The assurances and other Federal obligations contained in grant-in-aid agreements issued under the Airport and Airway Development Act of 1970, as amended, 49 U.S.C. 1701  et seq.\n\n(5) The assurances and other Federal obligations contained in grant-in-aid agreements issued under the Airport and Airway Improvement Act of 1982 (AAIA), as amended and recodified, 49 U.S.C. 47101  et seq.,  specifically section 511(a), 49 U.S.C. 47107, and 49 U.S.C. 47133.\n\n(6) Section 505(d) of the Airport and Airway Improvement Act of 1982, and the requirements concerning civil rights and/or Disadvantaged Business Enterprise (DBE) issues contained in 49 U.S.C. 47107(e) and 49 U.S.C. 47113; 49 U.S.C. 47123; 49 U.S.C. 322, as amended; 49 CFR parts 23 and/or 26; and/or grant assurance 30 and/or grant assurance 37.\n\n(7) Obligations contained in property deeds for property transferred pursuant to section 16 of the Federal Airport Act (49 U.S.C. 1115), section 23 of the Airport and Airway Development Act (49 U.S.C. 1723), or section 516 of the Airport and Airway Improvement Act (49 U.S.C. 47125).\n\n(8) Obligations contained in property deeds for property transferred under the Surplus Property Act (49 U.S.C. 47151-47153).\n\n(b)  Other agencies.  Where a grant assurance concerns a statute, executive order, regulation, or other authority that provides an administrative process for the investigation or adjudication of complaints by a Federal agency other than the FAA, persons shall use the administrative process established by those authorities. Where a grant assurance concerns a statute, executive order, regulation, or other authority that enables a Federal agency other than the FAA to investigate, adjudicate, and enforce compliance under those authorities on its own initiative, the FAA may defer to that Federal agency.\n\n(c)  Other enforcement.  If a complaint or action initiated by the FAA involves a violation of the 49 U.S.C. subtitle VII or FAA regulations, except as specified in paragraphs (a)(1) and (a)(2) of this section, the FAA may take investigative and enforcement action under 14 CFR part 13, \u201cInvestigative and Enforcement Procedures.\u201d\n\n(d)  Effective date.  This part applies to a complaint filed with the FAA and to an investigation initiated by the FAA on or after December 16, 1996."], ["14:14:1.0.1.2.8.1.11.2", 14, "Aeronautics and Space", "I", "B", "16", "PART 16\u2014RULES OF PRACTICE FOR FEDERALLY-ASSISTED AIRPORT ENFORCEMENT PROCEEDINGS", "A", "Subpart A\u2014General Provisions", "", "\u00a7 16.3 Definitions.", "FAA", "", "", "[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as amended at Amdt. 16-1, 78 FR 56141, Sept. 12, 2013]", "Terms defined in the Acts are used as so defined. As used in this part:\n\nAct  means a statute listed in \u00a7 16.1 and any regulation, agreement, or document of conveyance issued or made under that statute.\n\nAdministrator  means the Administrator of the FAA.\n\nAgency  means the FAA.\n\nAgency attorney  means the Deputy Chief Counsel; the Assistant Chief Counsel and attorneys in the Airports/Environmental Law Division of the Office of the Chief Counsel; the Assistant Chief Counsel and attorneys in an FAA region or center who represent the FAA during the investigation of a complaint or at a hearing on a complaint, and who prosecute on behalf of the FAA, as appropriate. An agency attorney shall not include the Chief Counsel; the Assistant Chief Counsel for Litigation, or any attorney on the staff of the Assistant Chief Counsel for Litigation, who advises the Associate Administrator regarding an initial decision of the hearing officer or any appeal to the Associate Administrator or who is supervised in that action by a person who provides such advice in an action covered by this part.\n\nAgency employee  means any employee of the FAA.\n\nAssociate Administrator  means the FAA Associate Administrator for Airports or a designee. For the purposes of this part only, Associate Administrator also means the Assistant Administrator for Civil Rights or a designee for complaints that the FAA Associate Administrator for Airports transfers to the Assistant Administrator for Civil Rights.\n\nComplainant  means the person submitting a complaint.\n\nComplaint  means a written document meeting the requirements of this part and filed under this part:\n\n(1) By a person directly and substantially affected by anything allegedly done or omitted to be done by any person in contravention of any provision of any Act, as defined in this section, as to matters within the jurisdiction of the Administrator, or\n\n(2) By a person under 49 CFR 26.105(c) against a recipient of FAA funds alleged to have violated a provision of 49 CFR parts 23 and/or 26.\n\nDecisional employee  means the Administrator, Deputy Administrator, Associate Administrator, Director, hearing officer, or other FAA employee who is or who may reasonably be expected to be involved in the decisional process of the proceeding.\n\nDirector  means the Director of the FAA Office of Airport Compliance and Management Analysis, or a designee. For the purposes of this part only, Director also means the Deputy Assistant Administrator for Civil Rights for complaints that the Director of the FAA Office of Airport Compliance and Management Analysis transfers to the Deputy Assistant Administrator for Civil Rights or designee.\n\nElectronic filing  means the process of sending electronic mail (email) to the FAA Part 16 Docket Clerk, with scanned documents attached, as a Portable Document Format (PDF) file.\n\nEx parte communication  means an oral or written communication not on the public record with respect to which reasonable prior notice to all parties is not given, but it shall not include requests for status reports on any matter or proceeding covered by this part, or communications between FAA employees who participate as parties to a hearing pursuant to 16.203(b) of this part and other parties to a hearing.\n\nHearing officer  means an attorney designated by the Deputy Chief Counsel in a hearing order to serve as a hearing officer in a hearing under this part. The following are not designated as hearing officers: the Chief Counsel and Deputy Chief Counsel; the Regional or Center Counsel and attorneys in the FAA region or center in which the noncompliance has allegedly occurred or is occurring; the Assistant Chief Counsel and attorneys in the Airports and Environmental Law Division of the FAA Office of the Chief Counsel; and the Assistant Chief Counsel and attorneys in the Litigation Division of the FAA Office of Chief Counsel.\n\nInitial decision  means a decision made by the hearing officer in a hearing under subpart F of this part.\n\nMail  means U.S. first class mail; U.S. certified mail; and U.S. express mail. Unless otherwise noted, mail also means electronic mail containing PDF copies of pleadings or documents required herein.\n\nNoncompliance  means anything done or omitted to be done by any person in contravention of any provision of any Act, as defined in this section, as to matters within the jurisdiction of the Administrator.\n\nParty  means the complainant(s) and the respondent(s) named in the complaint and, after an initial determination providing an opportunity for hearing is issued under \u00a7 16.31 and subpart E of this part, the agency.\n\nPerson  in addition to its meaning under 49 U.S.C. 40102(a)(33), includes a public agency as defined in 49 U.S.C. 47102(a)(15).\n\nPersonal delivery  means same-day hand delivery or overnight express delivery service.\n\nRespondent  means any person named in a complaint as a person responsible for noncompliance.\n\nSponsor  means:\n\n(1) Any public agency which, either individually or jointly with one or more other public agencies, has received Federal financial assistance for airport development or planning under the Federal Airport Act, Airport and Airway Development Act or Airport and Airway Improvement Act;\n\n(2) Any private owner of a public-use airport that has received financial assistance from the FAA for such airport; and\n\n(3) Any person to whom the Federal Government has conveyed property for airport purposes under section 13(g) of the Surplus Property Act of 1944, as amended.\n\nWriting or written  includes paper documents that are filed and/or served by mail, personal delivery, facsimile, or email (as attached PDF files)."], ["14:14:1.0.1.2.8.1.11.3", 14, "Aeronautics and Space", "I", "B", "16", "PART 16\u2014RULES OF PRACTICE FOR FEDERALLY-ASSISTED AIRPORT ENFORCEMENT PROCEEDINGS", "A", "Subpart A\u2014General Provisions", "", "\u00a7 16.5 Separation of functions.", "FAA", "", "", "", "(a) Proceedings under this part, including hearings under subpart F of this part, will be prosecuted by an agency attorney.\n\n(b) After issuance of an initial determination in which the FAA provides the opportunity for a hearing, an agency employee engaged in the performance of investigative or prosecutorial functions in a proceeding under this part will not, in that case or a factually related case, participate or give advice in an initial decision by the hearing officer, or a final decision by the Associate Administrator or designee on written appeal, and will not, except as counsel or as witness in the public proceedings, engage in any substantive communication regarding that case or a related case with the hearing officer, the Associate Administrator on written appeal, or agency employees advising those officials in that capacity.\n\n(c) The Chief Counsel, the Assistant Chief Counsel for Litigation, or an attorney on the staff of the Assistant Chief Counsel for Litigation advises the Associate Administrator regarding an initial decision, an appeal, or a final decision regarding any case brought under this part."], ["14:14:1.0.1.2.8.2.11.1", 14, "Aeronautics and Space", "I", "B", "16", "PART 16\u2014RULES OF PRACTICE FOR FEDERALLY-ASSISTED AIRPORT ENFORCEMENT PROCEEDINGS", "B", "Subpart B\u2014General Rules Applicable to Complaints, Proceedings Initiated by the FAA, and Appeals", "", "\u00a7 16.11 General processes.", "FAA", "", "", "[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as amended at Amdt. 16-1, 78 FR 56142, Sept. 12, 2013]", "(a) Under the authority of 49 U.S.C. 40113 and 47121, the Director may conduct investigations, issue orders, and take such other actions as are necessary to fulfill the purposes of this part. This includes the extension of any time period prescribed, where necessary or appropriate for a fair and complete consideration of matters before the agency, prior to issuance of the Director's Determination.\n\n(b) Notwithstanding any other provision of this part, upon finding that circumstances require expedited handling of a particular case or controversy, the Director may issue an order directing any of the following prior to the issuance of the Director's Determination:\n\n(1) Shortening the time period for any action under this part consistent with due process;\n\n(2) If other adequate opportunity to respond to pleadings is available, eliminating the reply, rebuttal, or other actions prescribed by this part;\n\n(3) Designating alternative methods of service; or\n\n(4) Directing such other measures as may be required.\n\n(c) Other than those matters concerning a Corrective Action Plan, the jurisdiction of the Director terminates upon the issuance of the Director's Determination. All matters arising during the appeal period, such as requests for extension of time to make an appeal, will be addressed by the Associate Administrator.\n\n(d) The Director may transfer to the FAA Deputy Assistant Administrator for Civil Rights or Office of Civil Rights designee the authority to prepare and issue Director's Determinations pursuant to \u00a7 16.31 for complaints alleging violations of section 505(d) of the Airport and Airway Improvement Act of 1982, and the requirements concerning civil rights and/or Disadvantaged Business Enterprise (DBE) issues contained in 49 U.S.C. 47107(e) and 49 U.S.C. 47113; 49 U.S.C. 47123; 49 U.S.C. 322, as amended; 49 CFR parts 23 and/or 26; and/or grant assurance 30 and/or grant assurance 37."], ["14:14:1.0.1.2.8.2.11.2", 14, "Aeronautics and Space", "I", "B", "16", "PART 16\u2014RULES OF PRACTICE FOR FEDERALLY-ASSISTED AIRPORT ENFORCEMENT PROCEEDINGS", "B", "Subpart B\u2014General Rules Applicable to Complaints, Proceedings Initiated by the FAA, and Appeals", "", "\u00a7 16.13 Filing of documents.", "FAA", "", "", "[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as amended at Amdt. 16-1, 78 FR 56142, Sept. 12, 2013]", "Except as otherwise provided in this part, documents shall be filed with the FAA during a proceeding under this part as follows:\n\n(a)  Filing address.  Documents filed under this Part shall be filed with the Office of the Chief Counsel, Attention: FAA Part 16 Docket Clerk, AGC-600, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591. Documents to be filed with a hearing officer shall be filed at the address and in the manner stated in the hearing order.\n\n(b)  Date and method of filing.  Filing of any document shall be by personal delivery or mail as defined in this part, by facsimile (when confirmed by filing on the same date by one of the foregoing methods), or electronically as set forth in paragraph (h) of this section. Unless the date is shown to be inaccurate, documents filed with the FAA shall be deemed to be filed on the date of personal delivery, on the mailing date shown on the certificate of service, on the date shown on the postmark if there is no certificate of service, on the send date shown on the facsimile (provided filing has been confirmed through one of the foregoing methods), or on the mailing date shown by other evidence if there is no certificate of service and no postmark. Unless the date is shown to be inaccurate, documents filed electronically shall be deemed to be filed on the date shown on the certificate of service or, if none, the date of electronic transmission to the last party required to be served.\n\n(c)  Number of copies.  With the exception of electronic filing or unless otherwise specified, an executed original and three copies of each document shall be filed with the FAA Part 16 Docket Clerk. One of the three copies shall not be stapled, bound or hole-punched. Copies need not be signed, but the name of the person signing the original shall be shown. If a hearing order has been issued in the case, one of the three copies shall be filed with the hearing officer unless otherwise prescribed by the hearing officer.\n\n(d)  Form.  Documents filed under this part shall:\n\n(1) Be typewritten or legibly printed;\n\n(2) Include, in the case of docketed proceedings, the docket number of the proceeding on the front page; and\n\n(3) Be marked to identify personal, privileged or proprietary information. Decisions for the publication and release of these documents will be made in accordance with 5 U.S.C. 552 and 49 CFR part 7.\n\n(e)  Signing of documents and other papers.  The original of every document filed shall be signed by the person filing it or the person's duly authorized representative. The signature shall serve as a certification that the signer has read the document and, based on reasonable inquiry and to the best of the signer's knowledge, information, and belief, the document is\u2014\n\n(1) Consistent with this part;\n\n(2) Warranted by existing law or that a good faith argument exists for extension, modification, or reversal of existing law; and\n\n(3) Not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of the administrative process.\n\n(f)  Designation of person to receive service.  The initial document filed by any person shall state on the first page the name, physical address, telephone number, facsimile number, if any, and email address, if filing electronically, of the person(s) to be served with documents in the proceeding. If any of these items change during the proceeding, the person shall promptly file notice of the change with the FAA Part 16 Docket Clerk and the hearing officer and shall serve the notice on all parties.\n\n(g)  Docket numbers.  Each submission identified as a complaint under this part by the submitting person will be assigned a docket number.\n\n(h)  Electronic filing.  (1) The initial complaint may be served electronically upon the respondent only if the respondent has previously agreed with the complainant in writing to participate in electronic filing. Documents may be filed under this Part electronically by sending an email containing (an) attachment(s) of (a) PDF file(s) of the required pleading to the FAA Docket Clerk, and the person designated in paragraph (h)(3) of this section.\n\n(2) The subject line of the email must contain the names of the complainant and respondent, and must contain the FAA docket number (if assigned). The size of each email must be less than 10 MB. Email attachments containing executable files (e.g., .exe and .vbs files) will not be accepted.\n\n(3) The email address at which the parties may file the documents described in this section is  9-AWA-AGC-Part-16@faa.gov.  No acknowledgement or receipt will be provided by the FAA to parties using this method. A party filing electronically as described in this section must provide to the FAA Part 16 Docket Clerk and the opposing party an email address of the person designated by the party to receive pleadings.\n\n(4) By filing a pleading or document electronically as described in this section, a party waives the rights under this part for service by the opposing party and the FAA by methods other than email. If a party subsequently decides to \u201copt-out\u201d of electronic filing, that party must so notify the FAA Part 16 Docket Clerk and the other party in writing, from which time the FAA and the parties will begin serving the opting-out party in accordance with \u00a7\u00a7 16.13 and 16.15. This subsection only exempts the parties from the filing and service requirements in \u00a7 16.13(a) (with the exception that \u201cDocuments to be filed with a hearing officer shall be filed at the address and in the manner stated in the hearing order.\u201d), the method of filing requirements in \u00a7 16.13(b), and the number of documents requirements in \u00a7 16.13(c).\n\n(i)  Internet accessibility of documents filed in the Hearing Docket.  (1) Unless protected from public disclosure, all documents filed in the Hearing Docket are accessible through the Federal Docket Management System (FDMS):  http://www.regulations.gov.  To access a particular case file, use the FDMS number assigned to the case.\n\n(2) Determinations issued by the Director and Associate Administrator in Part 16 cases, indexes of decisions, contact information for the FAA Hearing Docket, the rules of practice, and other information are available on the FAA Office of Airports' Web site at:  http://part16.airports.faa.gov/index.cfm."], ["14:14:1.0.1.2.8.2.11.3", 14, "Aeronautics and Space", "I", "B", "16", "PART 16\u2014RULES OF PRACTICE FOR FEDERALLY-ASSISTED AIRPORT ENFORCEMENT PROCEEDINGS", "B", "Subpart B\u2014General Rules Applicable to Complaints, Proceedings Initiated by the FAA, and Appeals", "", "\u00a7 16.15 Service of documents on the parties and the agency.", "FAA", "", "", "[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as amended at Amdt. 16-1, 78 FR 56143, Sept. 12, 2013]", "Except as otherwise provided in this part, documents shall be served as follows:\n\n(a)  Whom must be served.  Copies of all documents filed with the FAA Part 16 Docket Clerk shall be served by the persons filing them on all parties to the proceeding. A certificate of service shall accompany all documents when they are tendered for filing and shall certify concurrent service on the FAA and all parties. Certificates of service shall be in substantially the following form:\n\nI hereby certify that I have this day served the foregoing [name of document] on the following persons at the following addresses, facsimile numbers (if also served by facsimile), or email address (if served electronically in accordance with \u00a7 16.13(h)), by [specify method of service]:\n \n [list persons, addresses, facsimile numbers, email addresses (as applicable)]\n \n Dated this _day of _, 20_.\n \n [signature], for [party]\n\nI hereby certify that I have this day served the foregoing [name of document] on the following persons at the following addresses, facsimile numbers (if also served by facsimile), or email address (if served electronically in accordance with \u00a7 16.13(h)), by [specify method of service]:\n\n[list persons, addresses, facsimile numbers, email addresses (as applicable)]\n\nDated this _day of _, 20_.\n\n[signature], for [party]\n\n(b) Method of service. Except as otherwise agreed by the parties and, if applicable, the hearing officer, the method of service is the same as set forth in \u00a7 16.13(b) for filing documents.\n\n(c)  Where service shall be made.  Service shall be made to the persons identified in accordance with \u00a7 16.13(f). If no such person has been designated, service shall be made on the party.\n\n(d)  Presumption of service.  There shall be a presumption of lawful service\u2014\n\n(1) When acknowledgment of receipt is by a person who customarily or in the ordinary course of business receives mail at the address of the party or of the person designated under \u00a7 16.13(f);\n\n(2) When a properly addressed envelope, sent to the most current address submitted under \u00a7 16.13(f), has been returned as undeliverable, unclaimed, or refused; or\n\n(3) When the party serving the document electronically has a confirmation statement demonstrating that the email was properly sent to a party correctly addressed.\n\n(e)  Date of service.  The date of service shall be determined in the same manner as the filing date under \u00a7 16.13(b)."], ["14:14:1.0.1.2.8.2.11.4", 14, "Aeronautics and Space", "I", "B", "16", "PART 16\u2014RULES OF PRACTICE FOR FEDERALLY-ASSISTED AIRPORT ENFORCEMENT PROCEEDINGS", "B", "Subpart B\u2014General Rules Applicable to Complaints, Proceedings Initiated by the FAA, and Appeals", "", "\u00a7 16.17 Computation of time.", "FAA", "", "", "[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as amended at Amdt. 16-1, 78 FR 56143, Sept. 12, 2013]", "This section applies to any period of time prescribed or allowed by this part, by notice or order of the hearing officer, or by an applicable statute.\n\n(a) The date of an act, event, or default, after which a designated time period begins to run, is not included in a computation of time under this part.\n\n(b) The last day of a time period is included in a computation of time unless it is a Saturday, Sunday, or legal holiday for the FAA, in which case, the time period runs until the end of the next day that is not a Saturday, Sunday, or legal holiday.\n\n(c) Whenever a party has the right or is required to do some act within a prescribed period after service of a document upon the party, and the document is served on the party by first class mail or certified mail, 5 days shall be added to the prescribed period."], ["14:14:1.0.1.2.8.2.11.5", 14, "Aeronautics and Space", "I", "B", "16", "PART 16\u2014RULES OF PRACTICE FOR FEDERALLY-ASSISTED AIRPORT ENFORCEMENT PROCEEDINGS", "B", "Subpart B\u2014General Rules Applicable to Complaints, Proceedings Initiated by the FAA, and Appeals", "", "\u00a7 16.19 Motions.", "FAA", "", "", "[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as amended at Amdt. 16-1, 78 FR 56143, Sept. 12, 2013]", "(a)  General.  An application for an order or ruling not otherwise specifically provided for in this part shall be by motion. Unless otherwise ordered by the agency, the filing of a motion will not stay the date that any action is permitted or required by this part.\n\n(b)  Form and contents.  Unless made during a hearing, motions shall be made in writing, shall state with particularity the relief sought and the grounds for the relief sought, and shall be accompanied by affidavits or other evidence relied upon. Motions introduced during hearings may be made orally on the record, unless the hearing officer directs otherwise.\n\n(c)  Answers to motions.  Except as otherwise provided in this part, or except when a motion is made during a hearing, any party may file an answer in support of or in opposition to a motion, accompanied by affidavits or other evidence relied upon, provided that the answer to the motion is filed within 10 days after the motion has been served upon the person answering, or any other period set by the hearing officer. Where a motion is made during a hearing, the answer and the ruling thereon may be made at the hearing, or orally or in writing within the time set by the hearing officer.\n\n(d)  Deferred actions on motions.  A ruling on a motion made before the time set for the issuance of the Director's Determination may be deferred to and included with the Director's Determination.\n\n(e)  Extension by motion.  A party shall file a written motion for an extension of time not later than 3 business days before the document is due unless good cause for the late filing is shown. A party filing a motion for extension should attempt to obtain the concurrence of the opposing party. A party filing a written motion for an extension of time shall file the motion as required under \u00a7 16.13, and serve a copy of the motion on all parties and the docket clerk as required under \u00a7 16.15."], ["14:14:1.0.1.2.8.3.11.1", 14, "Aeronautics and Space", "I", "B", "16", "PART 16\u2014RULES OF PRACTICE FOR FEDERALLY-ASSISTED AIRPORT ENFORCEMENT PROCEEDINGS", "C", "Subpart C\u2014Special Rules Applicable to Complaints", "", "\u00a7 16.21 Pre-complaint resolution.", "FAA", "", "", "[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as amended at Amdt. 16-1, 78 FR 56143, Sept. 12, 2013]", "(a) Except for those persons filing under 49 CFR 26.105(c), prior to filing a complaint under this part, a person directly and substantially affected by the alleged noncompliance shall initiate and engage in good faith efforts to resolve the disputed matter informally with those individuals or entities believed responsible for the noncompliance. These efforts at informal resolution may include, without limitation, at the parties' expense, mediation, arbitration, or the use of a dispute resolution board, or other form of third party assistance. The FAA Airports District Office, FAA Airports Field Office, FAA Regional Airports Division responsible for administering financial assistance to the sponsor, or the FAA Office of Civil Rights will be available upon request to assist the parties with informal resolution.\n\n(b) Except for complaints filed under 49 CFR 26.105(c), a complaint will be dismissed under \u00a7 16.27 unless the person or authorized representative filing the complaint certifies that:\n\n(1) The complainant has made substantial and reasonable good faith efforts to resolve the disputed matter informally prior to filing the complaint; and\n\n(2) There is no reasonable prospect for practical and timely resolution of the dispute.\n\n(c) The certification required under paragraph (b) of this section, shall include a brief description of the party's efforts to obtain informal resolution but shall not include information on monetary or other settlement offers made but not agreed upon in writing by all parties. Such efforts to resolve informally should be relatively recent and be demonstrated by pertinent documentation. There is no required form or process for informal resolution, but in each case the requirements to resolve the matter informally must meet the requirements of this paragraph."], ["14:14:1.0.1.2.8.3.11.2", 14, "Aeronautics and Space", "I", "B", "16", "PART 16\u2014RULES OF PRACTICE FOR FEDERALLY-ASSISTED AIRPORT ENFORCEMENT PROCEEDINGS", "C", "Subpart C\u2014Special Rules Applicable to Complaints", "", "\u00a7 16.23 Pleadings.", "FAA", "", "", "[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as amended at Amdt. 16-1, 78 FR 56143, Sept. 12, 2013]", "(a) A person directly and substantially affected by any alleged noncompliance or a person qualified under 49 CFR 26.105(c) may file a complaint under this part. A person doing business with an airport and paying fees or rentals to the airport shall be considered directly and substantially affected by alleged revenue diversion as defined in 49 U.S.C. 47107(b).\n\n(b) Complaints filed under this part shall\u2014\n\n(1) State the name and address of each person who is the subject of the complaint and, with respect to each person, the specific provisions of each Act that the complainant believes were violated;\n\n(2) Include all documents then available in the exercise of reasonable diligence, to be offered in support of the complaint, and to be served upon all persons named in the complaint as persons responsible for the alleged action(s) or omission(s) upon which the complaint is based;\n\n(3) Provide a concise but complete statement of the facts relied upon to substantiate each allegation; and\n\n(4) Except for complaints filed under 49 CFR 26.105(c), describe how the complainant was directly and substantially affected by the things done or omitted to be done by the respondents.\n\n(c) Unless the complaint is dismissed pursuant to \u00a7 16.25 or \u00a7 16.27, the FAA notifies the complainant and respondent in writing within 20 days after the date the FAA receives the complaint that the complaint has been docketed.\n\n(d) The respondent shall file an answer within 20 days of the date of service of the FAA notification or, if a motion is filed under \u00a7 16.26, within 20 days of the date of service of an FAA order denying all or part of that motion.\n\n(e) The complainant may file a reply within 10 days of the date of service of the answer.\n\n(f) The respondent may file a rebuttal within 10 days of the date of service of the complainant's reply.\n\n(g) The answer, reply, and rebuttal shall, like the complaint, be accompanied by supporting documentation upon which the parties rely.\n\n(h) The answer shall deny or admit the allegations made in the complaint or state that the person filing the document is without sufficient knowledge or information to admit or deny an allegation, and shall assert any affirmative defense.\n\n(i) The answer, reply, and rebuttal shall each contain a concise but complete statement of the facts relied upon to substantiate the answers, admissions, denials, or averments made.\n\n(j) Amendments or supplements to the pleadings described in this section will not be allowed without showing good cause through a motion and supporting documents.\n\n(k)  Burden of proof.  Except as used in subpart F of this part,\n\n(1) The burden of proof is on the complainant to show noncompliance with an Act or any regulation, order, agreement or document of conveyance issued under the authority of an Act.\n\n(2) Except as otherwise provided by statute or rule, the proponent of a motion, request, or order has the burden of proof.\n\n(3) A party who has asserted an affirmative defense has the burden of proving the affirmative defense.\n\n(l) Except for good cause shown through motion and supporting documents, discovery is not permitted except as provided in \u00a7\u00a7 16.213 and 16.215."], ["14:14:1.0.1.2.8.3.11.3", 14, "Aeronautics and Space", "I", "B", "16", "PART 16\u2014RULES OF PRACTICE FOR FEDERALLY-ASSISTED AIRPORT ENFORCEMENT PROCEEDINGS", "C", "Subpart C\u2014Special Rules Applicable to Complaints", "", "\u00a7 16.25 Dismissals.", "FAA", "", "", "[Amdt. 16-1, 78 FR 56144, Sept. 12, 2013]", "(a) Within 20 days after the receipt of the complaint, unless a motion has been filed under \u00a7 16.26, the Director will dismiss a complaint, or any claim made in a complaint, with prejudice if:\n\n(1) It appears on its face to be outside the jurisdiction of the Administrator under the Acts listed in \u00a7 16.1;\n\n(2) On its face it does not state a claim that warrants an investigation or further action by the FAA; or\n\n(3) The complainant lacks standing to file a complaint under \u00a7\u00a7 16.3 and 16.23.\n\n(b) A dismissal under this section will include the reasons for the dismissal."], ["14:14:1.0.1.2.8.3.11.4", 14, "Aeronautics and Space", "I", "B", "16", "PART 16\u2014RULES OF PRACTICE FOR FEDERALLY-ASSISTED AIRPORT ENFORCEMENT PROCEEDINGS", "C", "Subpart C\u2014Special Rules Applicable to Complaints", "", "\u00a7 16.26 Motions to dismiss and motions for summary judgment.", "FAA", "", "", "[Amdt. 16-1, 78 FR 56144, Sept. 12, 2013]", "(a) In lieu of an answer, the respondent may file a motion to dismiss the complaint or a motion for summary judgment on the complaint. The respondent may move for dismissal of the entire complaint or move for dismissal of particular issues from adjudication. The motion must be filed within 20 days after the date of service of the FAA notification of docketing.\n\n(b)  Motions to dismiss.  (1) A motion to dismiss shall be accompanied by a concise statement of the reasons for seeking dismissal. The respondent must show that the complaint should be dismissed, with prejudice, if:\n\n(i) It appears on its face to be outside the jurisdiction of the Administrator under the Acts listed in \u00a7 16.1;\n\n(ii) On its face it does not state a claim that warrants an investigation or further action by the FAA; or\n\n(iii) The complainant lacks standing to file a complaint under \u00a7\u00a7 16.3 and 16.23.\n\n(2) A motion to dismiss may seek dismissal of the entire complaint or the dismissal of specified claims in the complaint. A motion to dismiss shall be accompanied by a supporting memorandum of points and authorities.\n\n(3) A complainant may file an answer to the motion to dismiss within 10 days of the date the motion is served on the complainant, or within any other period set by the Director. The answer shall be accompanied by a concise statement of reasons for opposing dismissal, and may be accompanied by affidavits and other documentary evidence in support of that contention.\n\n(4) Within 30 days of the date an answer to a motion to dismiss is due under this section, the Director may issue an order disposing of the motion. If the Director denies the motion to dismiss in whole or in part, or grants the motion in part, then within 20 days of when the order is served on the respondent, the respondent shall file an answer to the complaint.\n\n(5) If the Director does not act on the motion to dismiss within 30 days of the date an answer to a motion is due under this section, the respondent shall file an answer to the complaint within the next 20 days.\n\n(c)  Motions for summary judgment.  (1) A motion for summary judgment may be based upon the ground that there is no genuine issue of material fact for adjudication and that the complaint, when viewed in the light most favorable to the complainant, should be summarily adjudicated in favor of the respondent as a matter of law. A motion for summary judgment may seek dismissal of the entire complaint or dismissal of specified claims or issues in the complaint.\n\n(2) The motion for summary judgment shall be accompanied by a concise statement of the material facts as to which the respondent contends there is no genuine issue of material fact. The motion may include affidavits and documentary evidence in support of the contention that there is no genuine issue of material fact in dispute.\n\n(3) A complainant may file an answer to the motion for summary judgment within 10 days of the date the motion is served on the complainant, or within any other period set by the Director. The answer shall be accompanied by a concise statement of the material facts as to which the complainant contends there is a genuine issue, and may be accompanied by affidavits and other documentary evidence in support of that contention.\n\n(4) Within 30 days of the date an answer to a motion for summary judgment is due under this section, the Director may issue an order disposing of the motion. If the Director denies the motion in whole or in part, or grants the motion in part, then within 20 days of when the order is served on the respondent, the respondent shall file an answer to the complaint.\n\n(5) If the Director does not act on the motion for summary judgment within 30 days of the date an answer to a motion is due under this section, the respondent shall file an answer to the complaint within the next 20 days."], ["14:14:1.0.1.2.8.3.11.5", 14, "Aeronautics and Space", "I", "B", "16", "PART 16\u2014RULES OF PRACTICE FOR FEDERALLY-ASSISTED AIRPORT ENFORCEMENT PROCEEDINGS", "C", "Subpart C\u2014Special Rules Applicable to Complaints", "", "\u00a7 16.27 Incomplete complaints.", "FAA", "", "", "[Amdt. 16-1, 78 FR 56144, Sept. 12, 2013]", "(a) If a complaint is not dismissed pursuant to \u00a7 16.25, but is deficient as to one or more of the requirements set forth in \u00a7 16.21 or \u00a7 16.23(b), the Director will dismiss the complaint within 20 days after receiving it. Dismissal will be without prejudice to the refiling of the complaint after amendment to correct the deficiencies. The Director's dismissal will include the reasons for the dismissal.\n\n(b) Dismissals under this section are not initial determinations, and appeals from decisions under this section will not be permitted."], ["14:14:1.0.1.2.8.3.11.6", 14, "Aeronautics and Space", "I", "B", "16", "PART 16\u2014RULES OF PRACTICE FOR FEDERALLY-ASSISTED AIRPORT ENFORCEMENT PROCEEDINGS", "C", "Subpart C\u2014Special Rules Applicable to Complaints", "", "\u00a7 16.29 Investigations.", "FAA", "", "", "[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as amended at Amdt. 16-1 78 FR 56145, Sept. 12, 2013]", "(a) If, based on the pleadings, there appears to be a reasonable basis for further investigation, the FAA investigates the subject matter of the complaint.\n\n(b) The investigation may include one or more of the following, at the sole discretion of the FAA:\n\n(1) A review of the written submissions or pleadings of the parties, as supplemented by any informal investigation the FAA considers necessary and by additional information furnished by the parties at FAA request. In rendering its initial determination, the FAA may rely entirely on the complaint and the responsive pleadings provided under this subpart. Each party shall file documents that it considers sufficient to present all relevant facts and argument necessary for the FAA to determine whether the sponsor is in compliance.\n\n(2) Obtaining additional oral and documentary evidence by use of the agency's authority to compel production of such evidence under 49 U.S.C. 40113 and 46104, and 49 U.S.C. 47122. The Administrator's statutory authority to issue compulsory process has been delegated to the Chief Counsel, the Deputy Chief Counsel, the Assistant Chief Counsel for Airports and Environmental Law, and each Assistant Chief Counsel for a region or center.\n\n(3) Conducting or requiring that a sponsor conduct an audit of airport financial records and transactions as provided in 49 U.S.C. 47107 and 47121."], ["14:14:1.0.1.2.8.3.11.7", 14, "Aeronautics and Space", "I", "B", "16", "PART 16\u2014RULES OF PRACTICE FOR FEDERALLY-ASSISTED AIRPORT ENFORCEMENT PROCEEDINGS", "C", "Subpart C\u2014Special Rules Applicable to Complaints", "", "\u00a7 16.31 Director's Determinations after investigations.", "FAA", "", "", "[Amdt. 16-1, 78 FR 56145, Sept. 12, 2013]", "(a) After consideration of the pleadings and other information obtained by the FAA after investigation, the Director will render an initial determination and serve it upon each party within 120 days of the date the last pleading specified in \u00a7 16.23 was due.\n\n(b)(1) The Director's Determination shall include findings of fact and conclusions of law, accompanied by explanations and based upon all material issues of fact, credibility of the evidence, law and discretion presented on the record, together with a statement of the reasons therefor.\n\n(2) The Director shall issue a determination or rule in a party's favor only if the determination or ruling is in accordance with law and supported by a preponderance of the reliable, probative, and substantial evidence contained in the record.\n\n(c) A party adversely affected by the Director's Determination may appeal the initial determination as provided in \u00a7 16.33. However, if the Director's Determination that is appealed contains a Corrective Action Plan, the Director has the discretion to suspend the Corrective Action Plan until the appeal is resolved.\n\n(d) If the Director's Determination finds the respondent in noncompliance and proposes the issuance of a compliance order, the initial determination will include notice of opportunity for a hearing under subpart F of this part if a hearing is required by statute or otherwise provided by the FAA. A hearing may be required by statute if the FAA determination would terminate eligibility for grants under 49 U.S.C. 47114(c) or (e), or terminate payments on a grant agreement under 49 U.S.C. subchapter 471. The respondent may elect or waive a hearing, as provided in subpart E of this part.\n\n(e) The Director will not consider requests for rehearing, reargument, reconsideration, or modification of a Director's Determination without a finding of good cause."], ["14:14:1.0.1.2.8.3.11.8", 14, "Aeronautics and Space", "I", "B", "16", "PART 16\u2014RULES OF PRACTICE FOR FEDERALLY-ASSISTED AIRPORT ENFORCEMENT PROCEEDINGS", "C", "Subpart C\u2014Special Rules Applicable to Complaints", "", "\u00a7 16.33 Final decisions without hearing.", "FAA", "", "", "[Amdt. 16-1, 78 FR 56145, Sept. 12, 2013]", "(a) The Associate Administrator may transfer to the FAA Assistant Administrator for Civil Rights the responsibility to prepare and issue Final Agency Decisions pursuant to this section for appeals with issues concerning civil rights.\n\n(b) The Associate Administrator will issue a final decision on appeal from the Director's Determination, without a hearing, where\u2014\n\n(1) The complaint is dismissed after investigation;\n\n(2) A hearing is not required by statute and is not otherwise made available by the FAA; or\n\n(3) The FAA provides opportunity for a hearing to the respondent and the respondent waives the opportunity for a hearing as provided in subpart E of this part.\n\n(c) In the cases described in paragraph (b) of this section, within 30 days after the date of service of the initial determination, a party adversely affected by the Director's Determination may file in accordance with \u00a7 16.13 and serve in accordance with \u00a7 16.15 a simultaneous Notice of Appeal and Brief.\n\n(d) A reply to an appeal brief may be filed within 20 days after the date of service of the appeal.\n\n(e) On appeal, the Associate Administrator will consider the issues addressed in any order on a motion to dismiss or motion for summary judgment and any issues accepted in the Director's Determination using the following analysis:\n\n(1) Are the findings of fact each supported by a preponderance of reliable, probative, and substantial evidence contained in the record?\n\n(2) Are conclusions made in accordance with law, precedent and policy?\n\n(3) Are the questions on appeal substantial?\n\n(4) Have any prejudicial errors occurred?\n\n(f) Any new issues or evidence presented in an appeal or reply will not be considered unless accompanied by a petition and good cause found as to why the new issue or evidence was not presented to the Director. Such a petition must:\n\n(1) Set forth the new matter;\n\n(2) Contain affidavits of prospective witnesses, authenticated documents, or both, or an explanation of why such substantiation is unavailable; and\n\n(3) Contain a statement explaining why such new issue or evidence could not have been discovered in the exercise of due diligence prior to the date on which the evidentiary record closed.\n\n(g) The Associate Administrator will issue a final decision and order within 60 days after the due date of the reply.\n\n(h) If no appeal is filed within the time period specified in paragraph (c) of this section, the Director's Determination becomes the final decision and order of the FAA without further action. A Director's Determination that becomes final, because there is no administrative appeal, is not judicially reviewable.\n\n(i) No requests for rehearing, reargument, reconsideration, or modification of a final order will be considered without a finding of good cause."], ["14:14:1.0.1.2.8.3.11.9", 14, "Aeronautics and Space", "I", "B", "16", "PART 16\u2014RULES OF PRACTICE FOR FEDERALLY-ASSISTED AIRPORT ENFORCEMENT PROCEEDINGS", "C", "Subpart C\u2014Special Rules Applicable to Complaints", "", "\u00a7 16.34 Consent orders.", "FAA", "", "", "[Amdt. 16-1, 78 FR 56145, Sept. 12, 2013]", "(a) The parties may agree at any time before the issuance of a final agency decision to dispose of the case by proposing a consent order. Good faith efforts to resolve a complaint through issuance of a consent order may continue throughout the administrative process. However, except as provided in \u00a7 16.11(a), such efforts may not serve as the basis for extensions of the times set forth in this part.\n\n(b) A proposal for a consent order, specified in paragraph (a) of this section, shall include:\n\n(1) A proposed consent order;\n\n(2) An admission of all jurisdictional facts; and\n\n(3) An express waiver of the right to further procedural steps and of all rights of judicial review.\n\n(c) If the parties agree to dispose of a case by issuance of a consent order before the FAA issues a Director's Determination, the proposal for a consent order is submitted jointly by the parties to the Director, together with a request to adopt the consent order and dismiss the case. The Director may issue the consent order as an order of the FAA and terminate the proceeding."], ["14:14:1.0.1.2.8.4.11.1", 14, "Aeronautics and Space", "I", "B", "16", "PART 16\u2014RULES OF PRACTICE FOR FEDERALLY-ASSISTED AIRPORT ENFORCEMENT PROCEEDINGS", "D", "Subpart D\u2014Special Rules Applicable to Proceedings Initiated by the FAA", "", "\u00a7 16.101 Basis for the initiation of agency action.", "FAA", "", "", "", "The FAA may initiate its own investigation of any matter within the applicability of this part without having received a complaint. The investigation may include, without limitation, any of the actions described in \u00a7 16.29(b)."], ["14:14:1.0.1.2.8.4.11.2", 14, "Aeronautics and Space", "I", "B", "16", "PART 16\u2014RULES OF PRACTICE FOR FEDERALLY-ASSISTED AIRPORT ENFORCEMENT PROCEEDINGS", "D", "Subpart D\u2014Special Rules Applicable to Proceedings Initiated by the FAA", "", "\u00a7 16.103 Notice of investigation.", "FAA", "", "", "", "Following the initiation of an investigation under \u00a7 16.101, the FAA sends a notice to the person(s) subject to investigation. The notice will set forth the areas of the agency's concern and the reasons therefor; request a response to the notice within 30 days of the date of service; and inform the respondent that the FAA will, in its discretion, invite good faith efforts to resolve the matter."], ["14:14:1.0.1.2.8.4.11.3", 14, "Aeronautics and Space", "I", "B", "16", "PART 16\u2014RULES OF PRACTICE FOR FEDERALLY-ASSISTED AIRPORT ENFORCEMENT PROCEEDINGS", "D", "Subpart D\u2014Special Rules Applicable to Proceedings Initiated by the FAA", "", "\u00a7 16.105 Failure to resolve informally.", "FAA", "", "", "[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as amended at Amdt. 16-1, 78 FR 56146, Sept. 12, 2013]", "If the matters addressed in the FAA notices are not resolved informally, the FAA may issue a Director's Determination under \u00a7 16.31."], ["14:14:1.0.1.2.8.5.11.1", 14, "Aeronautics and Space", "I", "B", "16", "PART 16\u2014RULES OF PRACTICE FOR FEDERALLY-ASSISTED AIRPORT ENFORCEMENT PROCEEDINGS", "E", "Subpart E\u2014Proposed Orders of Compliance", "", "\u00a7 16.109 Orders terminating eligibility for grants, cease and desist orders, and other compliance orders.", "FAA", "", "", "[Amdt. 16-1, 78 FR 56146, Sept. 12, 2013]", "(a) The agency will provide the opportunity for a hearing if, in the Director's determination, the agency issues or proposes to issue an order terminating eligibility for grants pursuant to 49 U.S.C. 47106(d), an order suspending the payment of grant funds pursuant to 49 U.S.C. 47111(d); an order withholding approval of any new application to impose a passenger facility charge pursuant to 49 U.S.C. 47111(e); a cease and desist order; an order directing the refund of fees unlawfully collected; or any other compliance order issued by the Administrator to carry out the provisions of the Acts, and required to be issued after notice and opportunity for a hearing. In cases in which a hearing is not required by statute, the FAA may provide opportunity for a hearing at its discretion.\n\n(b) In a case in which the agency provides the opportunity for a hearing, the Director's Determination issued under \u00a7 16.31 will include a statement of the availability of a hearing under subpart F of this part.\n\n(1) Within 20 days after service of a Director's Determination under \u00a7 16.31 that provides an opportunity for a hearing a person subject to the proposed compliance order may\u2014\n\n(i) Request a hearing under subpart F of this part;\n\n(ii) Waive hearing and appeal the Director's Determination in writing, as provided in \u00a7 16.33;\n\n(iii) File, jointly with a complainant, a motion to withdraw the complaint and to dismiss the proposed compliance action; or\n\n(iv) Submit, jointly with the agency, a proposed consent order under \u00a7 16.34(c).\n\n(2) If the respondent fails to file an appeal in writing within the time periods provided in paragraph (c) of this section, the Director's Determination becomes final.\n\n(c) The Director may either direct the respondent to submit a Corrective Action Plan or initiate proceedings to revoke and/or deny the respondent's application for Airport Improvement Program discretionary grants under 49 U.S.C. 47115 and general aviation airport grants under 49 U.S.C. 47114(d) when a Director's Determination finds a respondent in noncompliance and does not provide for a hearing.\n\n(d) In the event that the respondent fails to submit, in accordance with a Director's Determination, a Corrective Action Plan acceptable to the FAA within the time provided, unless extended by the FAA for good cause, and/or if the respondent fails to complete the Corrective Action Plan as specified therein, the Director may initiate action to revoke and/or deny applications for Airport Improvement Program discretionary grants under 49 U.S.C. 47115 and general aviation airport grants under 49 U.S.C. 47114(d).\n\n(e) For those violations that cannot be remedied through corrective action, the Director may initiate action to revoke and/or deny the respondent's applications for Airport Improvement Program discretionary grants under 49 U.S.C. 47115 and general aviation airport grants under 49 U.S.C. 47114(d).\n\n(f) When the Director concludes that the respondent has fully complied with the Corrective Action Plan and/or when the Director determines that the respondent has corrected the areas of noncompliance, the Director will terminate the proceeding.\n\n(g) A complainant's standing terminates upon the issuance of a Director's Determination that finds a respondent in noncompliance on all identified issues. The complainant may not appeal the Director's Determination if the Director finds noncompliance on all identified issues."], ["14:14:1.0.1.2.8.6.11.1", 14, "Aeronautics and Space", "I", "B", "16", "PART 16\u2014RULES OF PRACTICE FOR FEDERALLY-ASSISTED AIRPORT ENFORCEMENT PROCEEDINGS", "F", "Subpart F\u2014Hearings", "", "\u00a7 16.201 Notice and order of hearing.", "FAA", "", "", "[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as amended at Amdt. 16-1, 78 FR 56146, Sept. 12, 2013]", "(a) If a respondent is provided the opportunity for hearing in an initial determination and does not waive hearing, the Deputy Chief Counsel within 10 days after the respondent elects a hearing will issue and serve on the respondent and complainant a hearing order. The hearing order will set forth:\n\n(1) The allegations in the complaint, or notice of investigation, and the chronology and results of the investigation preliminary to the hearing;\n\n(2) The relevant statutory, judicial, regulatory, and other authorities;\n\n(3) The issues to be decided;\n\n(4) Such rules of procedure as may be necessary to supplement the provisions of this part;\n\n(5) The name and address of the person designated as hearing officer, and the assignment of authority to the hearing officer to conduct the hearing in accordance with the procedures set forth in this part; and\n\n(6) The date by which the hearing officer is directed to issue an initial decision.\n\n(b) Where there are no genuine issues of material fact requiring oral examination of witnesses, the hearing order may contain a direction to the hearing officer to conduct a hearing by submission of briefs and oral argument without the presentation of testimony or other evidence."], ["14:14:1.0.1.2.8.6.11.10", 14, "Aeronautics and Space", "I", "B", "16", "PART 16\u2014RULES OF PRACTICE FOR FEDERALLY-ASSISTED AIRPORT ENFORCEMENT PROCEEDINGS", "F", "Subpart F\u2014Hearings", "", "\u00a7 16.219 Subpoenas.", "FAA", "", "", "", "(a)  Request for subpoena.  A party may apply to the hearing officer, within the time specified for such applications in the prehearing conference report, for a subpoena to compel testimony at a hearing or to require the production of documents only from the following persons:\n\n(1) Another party;\n\n(2) An officer, employee, or agent of another party;\n\n(3) Any other person named in the complaint as participating in or benefiting from the actions of the respondent alleged to have violated any Act;\n\n(4) An officer, employee, or agent of any other person named in the complaint as participating in or benefiting from the actions of the respondent alleged to have violated any Act.\n\n(b)  Issuance and service of subpoena.  (1) The hearing officer issues the subpoena if the hearing officer determines that the evidence to be obtained by the subpoena is relevant and material to the resolution of the issues in the case.\n\n(2) Subpoenas shall be served by personal service, or upon an agent designated in writing for the purpose, or by certified mail, return receipt addressed to such person or agent. Whenever service is made by registered or certified mail, the date of mailing shall be considered as the time when service is made.\n\n(3) A subpoena issued under this part is effective throughout the United States or any territory or possession thereof.\n\n(c)  Motions to quash or modify subpoena.  (1) A party or any person upon whom a subpoena has been served may file a motion to quash or modify the subpoena with the hearing officer at or before the time specified in the subpoena for the filing of such motions. The applicant shall describe in detail the basis for the application to quash or modify the subpoena including, but not limited to, a statement that the testimony, document, or tangible evidence is not relevant to the proceeding, that the subpoena is not reasonably tailored to the scope of the proceeding, or that the subpoena is unreasonable and oppressive.\n\n(2) A motion to quash or modify the subpoena stays the effect of the subpoena pending a decision by the hearing officer on the motion."], ["14:14:1.0.1.2.8.6.11.11", 14, "Aeronautics and Space", "I", "B", "16", "PART 16\u2014RULES OF PRACTICE FOR FEDERALLY-ASSISTED AIRPORT ENFORCEMENT PROCEEDINGS", "F", "Subpart F\u2014Hearings", "", "\u00a7 16.221 Witness fees.", "FAA", "", "", "", "(a) The party on whose behalf a witness appears is responsible for paying any witness fees and mileage expenses.\n\n(b) Except for employees of the United States summoned to testify as to matters related to their public employment, witnesses summoned by subpoena shall be paid the same fees and mileage expenses as are paid to a witness in a court of the United States in comparable circumstances."], ["14:14:1.0.1.2.8.6.11.12", 14, "Aeronautics and Space", "I", "B", "16", "PART 16\u2014RULES OF PRACTICE FOR FEDERALLY-ASSISTED AIRPORT ENFORCEMENT PROCEEDINGS", "F", "Subpart F\u2014Hearings", "", "\u00a7 16.223 Evidence.", "FAA", "", "", "", "(a)  General.  A party may submit direct and rebuttal evidence in accordance with this section.\n\n(b)  Requirement for written testimony and evidence.  Except in the case of evidence obtained by subpoena, or in the case of a special ruling by the hearing officer to admit oral testimony, a party's direct and rebuttal evidence shall be submitted in written form in advance of the oral hearing pursuant to the schedule established in the hearing officer's prehearing conference report. Written direct and rebuttal fact testimony shall be certified by the witness as true and correct. Subject to the same exception (for evidence obtained by subpoena or subject to a special ruling by the hearing officer), oral examination of a party's own witness is limited to certification of the accuracy of written evidence, including correction and updating, if necessary, and reexamination following cross-examination by other parties.\n\n(c)  Subpoenaed testimony.  Testimony of witnesses appearing under subpoena may be obtained orally.\n\n(d)  Cross-examination.  A party may conduct cross-examination that may be required for disclosure of the facts, subject to control by the hearing officer for fairness, expedition and exclusion of extraneous matters.\n\n(e)  Hearsay evidence.  Hearsay evidence is admissible in proceedings governed by this part. The fact that evidence is hearsay goes to the weight of evidence and does not affect its admissibility.\n\n(f)  Admission of evidence.  The hearing officer admits evidence introduced by a party in support of its case in accordance with this section, but may exclude irrelevant, immaterial, or unduly repetitious evidence.\n\n(g)  Expert or opinion witnesses.  An employee of the FAA or DOT may not be called as an expert or opinion witness for any party other than the agency except as provided in Department of Transportation regulations at 49 CFR part 9."], ["14:14:1.0.1.2.8.6.11.13", 14, "Aeronautics and Space", "I", "B", "16", "PART 16\u2014RULES OF PRACTICE FOR FEDERALLY-ASSISTED AIRPORT ENFORCEMENT PROCEEDINGS", "F", "Subpart F\u2014Hearings", "", "\u00a7 16.225 Public disclosure of evidence.", "FAA", "", "", "", "(a) Except as provided in this section, the hearing shall be open to the public.\n\n(b) The hearing officer may order that any information contained in the record be withheld from public disclosure. Any person may object to disclosure of information in the record by filing a written motion to withhold specific information with the hearing officer. The person shall state specific grounds for nondisclosure in the motion.\n\n(c) The hearing officer shall grant the motion to withhold information from public disclosure if the hearing officer determines that disclosure would be in violation of the Privacy Act, would reveal trade secrets or privileged or confidential commercial or financial information, or is otherwise prohibited by law."], ["14:14:1.0.1.2.8.6.11.14", 14, "Aeronautics and Space", "I", "B", "16", "PART 16\u2014RULES OF PRACTICE FOR FEDERALLY-ASSISTED AIRPORT ENFORCEMENT PROCEEDINGS", "F", "Subpart F\u2014Hearings", "", "\u00a7 16.227 Standard of proof.", "FAA", "", "", "[Amdt. 16-1, as amended at 78 FR 56147, Sept. 12, 2013]", "The hearing officer shall issue an initial decision or rule in a party's favor only if the decision or ruling is in accordance with law and supported by a preponderance of the reliable, probative, and substantial evidence contained in the record."], ["14:14:1.0.1.2.8.6.11.15", 14, "Aeronautics and Space", "I", "B", "16", "PART 16\u2014RULES OF PRACTICE FOR FEDERALLY-ASSISTED AIRPORT ENFORCEMENT PROCEEDINGS", "F", "Subpart F\u2014Hearings", "", "\u00a7 16.229 Burden of proof.", "FAA", "", "", "[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as amended at Amdt. 16-1, 78 FR 56147, Sept. 12, 2013]", "As used in this subpart, the burden of proof is as follows:\n\n(a) The burden of proof of noncompliance with an Act or any regulation, order, agreement or document of conveyance issued under the authority of an Act is on the agency.\n\n(b) Except as otherwise provided by statute or rule, the proponent of a motion, request, or order has the burden of proof.\n\n(c) A party who has asserted an affirmative defense has the burden of proving the affirmative defense."], ["14:14:1.0.1.2.8.6.11.16", 14, "Aeronautics and Space", "I", "B", "16", "PART 16\u2014RULES OF PRACTICE FOR FEDERALLY-ASSISTED AIRPORT ENFORCEMENT PROCEEDINGS", "F", "Subpart F\u2014Hearings", "", "\u00a7 16.231 Offer of proof.", "FAA", "", "", "", "A party whose evidence has been excluded by a ruling of the hearing officer may offer the evidence on the record when filing an appeal."], ["14:14:1.0.1.2.8.6.11.17", 14, "Aeronautics and Space", "I", "B", "16", "PART 16\u2014RULES OF PRACTICE FOR FEDERALLY-ASSISTED AIRPORT ENFORCEMENT PROCEEDINGS", "F", "Subpart F\u2014Hearings", "", "\u00a7 16.233 Record.", "FAA", "", "", "[Amdt. 16-1, 78 FR 56147, Sept. 12, 2013]", "(a)  Exclusive record.  The transcript of all testimony in the hearing, all exhibits received into evidence, all motions, applications requests and rulings, all documents included in the hearing record and the Director's Determination shall constitute the exclusive record for decision in the proceedings and the basis for the issuance of any orders.\n\n(b)  Examination and copy of record.  A copy of the record will be filed by the FAA Part 16 Docket Clerk in the Federal Docket Management System (FDMS). Any person desiring to review the record may then do so at  http://www.regulations.gov."], ["14:14:1.0.1.2.8.6.11.18", 14, "Aeronautics and Space", "I", "B", "16", "PART 16\u2014RULES OF PRACTICE FOR FEDERALLY-ASSISTED AIRPORT ENFORCEMENT PROCEEDINGS", "F", "Subpart F\u2014Hearings", "", "\u00a7 16.235 Argument before the hearing officer.", "FAA", "", "", "[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as amended at Amdt. 16-1, 78 FR 56147, Sept. 12, 2013]", "(a)  Argument during the hearing.  During the hearing, the hearing officer shall give the parties reasonable opportunity to present oral argument on the record supporting or opposing motions, objections, and rulings if the parties request an opportunity for argument. The hearing officer may direct written argument during the hearing if the hearing officer finds that submission of written arguments would not delay the hearing.\n\n(b)  Posthearing briefs.  The hearing officer may request or permit the parties to submit posthearing briefs. The hearing officer may provide for the filing of simultaneous reply briefs as well, if such filing will not unduly delay the issuance of the hearing officer's initial decision. Posthearing briefs shall include proposed findings of fact and conclusions of law; exceptions to rulings of the hearing officer; references to the record in support of the findings of fact; and supporting arguments for the proposed findings, proposed conclusions, and exceptions."], ["14:14:1.0.1.2.8.6.11.19", 14, "Aeronautics and Space", "I", "B", "16", "PART 16\u2014RULES OF PRACTICE FOR FEDERALLY-ASSISTED AIRPORT ENFORCEMENT PROCEEDINGS", "F", "Subpart F\u2014Hearings", "", "\u00a7 16.237 Waiver of procedures.", "FAA", "", "", "", "(a) The hearing officer shall waive such procedural steps as all parties to the hearing agree to waive before issuance of an initial decision.\n\n(b) Consent to a waiver of any procedural step bars the raising of this issue on appeal.\n\n(c) The parties may not by consent waive the obligation of the hearing officer to enter an initial decision on the record."], ["14:14:1.0.1.2.8.6.11.2", 14, "Aeronautics and Space", "I", "B", "16", "PART 16\u2014RULES OF PRACTICE FOR FEDERALLY-ASSISTED AIRPORT ENFORCEMENT PROCEEDINGS", "F", "Subpart F\u2014Hearings", "", "\u00a7 16.202 Powers of a hearing officer.", "FAA", "", "", "", "In accordance with the rules of this subpart, a hearing officer may:\n\n(a) Give notice of, and hold, prehearing conferences and hearings;\n\n(b) Administer oaths and affirmations;\n\n(c) Issue subpoenas authorized by law and issue notices of deposition requested by the parties;\n\n(d) Limit the frequency and extent of discovery;\n\n(e) Rule on offers of proof;\n\n(f) Receive relevant and material evidence;\n\n(g) Regulate the course of the hearing in accordance with the rules of this part to avoid unnecessary and duplicative proceedings in the interest of prompt and fair resolution of the matters at issue;\n\n(h) Hold conferences to settle or to simplify the issues by consent of the parties;\n\n(i) Dispose of procedural motions and requests;\n\n(j) Examine witnesses; and\n\n(k) Make findings of fact and conclusions of law, and issue an initial decision."], ["14:14:1.0.1.2.8.6.11.20", 14, "Aeronautics and Space", "I", "B", "16", "PART 16\u2014RULES OF PRACTICE FOR FEDERALLY-ASSISTED AIRPORT ENFORCEMENT PROCEEDINGS", "F", "Subpart F\u2014Hearings", "", "\u00a7 16.241 Initial decisions, order, and appeals.", "FAA", "", "", "[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as amended at Amdt. 16-1, 78 FR 56147, Sept. 12, 2013]", "(a) The hearing officer shall issue an initial decision based on the record developed during the proceeding and shall send the initial decision to the parties not later than 110 days after the Director's Determination unless otherwise provided in the hearing order.\n\n(b) Each party adversely affected by the hearing officer's initial decision may file an appeal with the Associate Administrator within 15 days of the date the initial decision is issued. Each party may file a reply to an appeal within 10 days after it is served on the party. Filing and service of appeals and replies shall be by personal delivery.\n\n(c) If an appeal is filed, the Associate Administrator reviews the entire record and issues a final agency decision and order within 60 days of the due date of the reply. If no appeal is filed, the Associate Administrator may take review of the case on his or her own motion. If the Associate Administrator finds that the respondent is not in compliance with any Act or any regulation, agreement, or document of conveyance issued or made under such Act, the final agency order includes, in accordance with \u00a7 16.245(d), a statement of corrective action, if appropriate, and identifies sanctions for continued noncompliance.\n\n(d) If no appeal is filed, and the Associate Administrator does not take review of the initial decision on the Associate Administrator's own motion, the initial decision shall take effect as the final agency decision and order on the sixteenth day after the actual date the initial decision is issued.\n\n(e) The failure to file an appeal is deemed a waiver of any rights to seek judicial review of an initial decision that becomes a final agency decision by operation of paragraph (d) of this section."], ["14:14:1.0.1.2.8.6.11.21", 14, "Aeronautics and Space", "I", "B", "16", "PART 16\u2014RULES OF PRACTICE FOR FEDERALLY-ASSISTED AIRPORT ENFORCEMENT PROCEEDINGS", "F", "Subpart F\u2014Hearings", "", "\u00a7 16.243 Consent orders.", "FAA", "", "", "[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as amended at Amdt. 16-1, 78 FR 56147, Sept. 12, 2013]", "(a) The agency attorney and the respondents may agree at any time before the issuance of a final decision and order to dispose of the case by issuance of a consent order. Good faith efforts to resolve a complaint through issuance of a consent order may continue throughout the administrative process. Except as provided in \u00a7 16.209, such efforts may not serve as the basis for extensions of the times set forth in this part.\n\n(b) A proposal for a consent order, specified in paragraph (a) of this section, shall include:\n\n(1) A proposed consent order;\n\n(2) An admission of all jurisdictional facts;\n\n(3) An express waiver of the right to further procedural steps and of all rights of judicial review; and\n\n(4) The hearing order, if issued, and an acknowledgment that the hearing order may be used to construe the terms of the consent order.\n\n(c) If the issuance of a consent order has been agreed upon by all parties to the hearing, the proposed consent order shall be filed with the hearing officer, along with a draft order adopting the consent decree and dismissing the case, for the hearing officer's adoption.\n\n(d) The deadline for the hearing officer's initial decision and the final agency decision is extended by the amount of days elapsed between the filing of the proposed consent order with the hearing officer and the issuance of the hearing officer's order continuing the hearing.\n\n(e) If the agency attorney and sponsor agree to dispose of a case by issuance of a consent order before the FAA issues a hearing order, the proposal for a consent order is submitted jointly to the official authorized to issue a hearing order, together with a request to adopt the consent order and dismiss the case. The official authorized to issue the hearing order issues the consent order as an order of the FAA and terminates the proceeding."], ["14:14:1.0.1.2.8.6.11.22", 14, "Aeronautics and Space", "I", "B", "16", "PART 16\u2014RULES OF PRACTICE FOR FEDERALLY-ASSISTED AIRPORT ENFORCEMENT PROCEEDINGS", "F", "Subpart F\u2014Hearings", "", "\u00a7 16.245 Associate Administrator review after a hearing.", "FAA", "", "", "[Amdt. 16-1, 78 FR 56147, Sept. 12, 2013]", "(a) The Associate Administrator may transfer to the FAA Assistant Administrator for Civil Rights the authority to prepare and issue Final Agency Decisions pursuant to \u00a7 16.241 for appeals from a hearing concerning civil rights issues.\n\n(b) After a hearing is held, and, after considering the issues as set forth in \u00a7 16.245(e), if the Associate Administrator determines that the hearing officer's initial decision or order should be changed, the Associate Administrator may:\n\n(1) Make any necessary findings and issue an order in lieu of the hearing officer's initial decision or order, or\n\n(2) Remand the proceeding for any such purpose as the Associate Administrator may deem necessary.\n\n(c) If the Associate Administrator takes review of the hearing officer's initial decision on the Associate Administrator's own motion, the Associate Administrator will issue a notice of review within 20 days of the actual date the initial decision is issued.\n\n(1) The notice sets forth the specific findings of fact and conclusions of law in the initial decision that are subject to review by the Associate Administrator.\n\n(2) Parties may file one brief on review to the Associate Administrator or rely on their posthearing brief to the hearing officer. A brief on review shall be filed not later than 10 days after service of the notice of review. Filing and service of a brief on review shall be by personal delivery.\n\n(3) The Associate Administrator issues a final agency decision and order within 30 days of the due date of the brief. If the Associate Administrator finds that the respondent is not in compliance with any Act or any regulation, agreement or document of conveyance issued under such Act, the final agency order includes a statement of corrective action, if appropriate.\n\n(d) When the final agency decision finds a respondent in noncompliance, and where a respondent fails to properly seek judicial review of the final agency decision as set forth in subpart G of this part, the Associate Administrator will issue an order remanding the case to the Director for the following action:\n\n(1) In the event that the respondent fails to submit, in accordance with the final agency decision, a Corrective Action Plan acceptable to the FAA within the time provided, unless extended by the FAA for good cause, and/or if the respondent fails to complete the Corrective Action Plan as specified therein, the Director may initiate action to revoke and/or deny applications for Airport Improvement Program grants issued under 49 U.S.C. 47114(c)-(e) and 47115. When the Director concludes that the respondent has fully complied with the Corrective Action Plan, the Director will issue an Order terminating the proceeding.\n\n(2) For those violations that cannot be remedied through corrective action, the Director may initiate action to revoke and/or deny the respondent's applications for Airport Improvement Program grants issued under 49 U.S.C. 47114(c)-(e) and 47115.\n\n(e) On appeal from a hearing officer's initial decision, the Associate Administrator will consider the following questions:\n\n(1) Are the findings of fact each supported by a preponderance of reliable, probative and substantial evidence?\n\n(2) Are conclusions made in accordance with law, precedent and policy?\n\n(3) Are the questions on appeal substantial?\n\n(4) Have any prejudicial errors occurred?\n\n(f) Any new issues or evidence presented in an appeal or reply will not be allowed unless accompanied by a certified petition and good cause found as to why the new matter was not presented to the Director. Such a petition must:\n\n(1) Set forth the new issues or evidence;\n\n(2) Contain affidavits of prospective witnesses, authenticated documents, or both, or an explanation of why such substantiation is unavailable; and\n\n(3) Contain a statement explaining why such new matter could not have been discovered in the exercise of due diligence prior to the date on which the evidentiary record closed.\n\n(g) A Final Agency Decision may be appealed in accordance with subpart G of this part."], ["14:14:1.0.1.2.8.6.11.3", 14, "Aeronautics and Space", "I", "B", "16", "PART 16\u2014RULES OF PRACTICE FOR FEDERALLY-ASSISTED AIRPORT ENFORCEMENT PROCEEDINGS", "F", "Subpart F\u2014Hearings", "", "\u00a7 16.203 Appearances, parties, and rights of parties.", "FAA", "", "", "[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as amended at Amdt. 16-1, 78 FR 56146, Sept. 12, 2013]", "(a)  Appearances.  Any party may appear and be heard in person.\n\n(1) Any party may be accompanied, represented, or advised by an attorney licensed by a State, the District of Columbia, or a territory of the United States to practice law or appear before the courts of that State or territory, or by another person authorized by the hearing officer to be the party's representative.\n\n(2) An attorney, or other duly authorized representative, who represents a party shall file a notice of appearance in accordance with \u00a7 16.13.\n\n(b)  Parties and agency participation.  (1) The parties to the hearing are the complainant(s) and respondent(s) named in the hearing order, and the agency. The style of any pleadings filed under this Subpart shall name the respondent as the Appellant, and the Federal Aviation Administration as the Agency.\n\n(2) Unless otherwise specified in the hearing order, the agency attorney will serve as prosecutor for the agency from the date of issuance of the Director's Determination providing an opportunity for hearing."], ["14:14:1.0.1.2.8.6.11.4", 14, "Aeronautics and Space", "I", "B", "16", "PART 16\u2014RULES OF PRACTICE FOR FEDERALLY-ASSISTED AIRPORT ENFORCEMENT PROCEEDINGS", "F", "Subpart F\u2014Hearings", "", "\u00a7 16.207 Intervention and other participation.", "FAA", "", "", "[Amdt. 16-1, 78 FR 56146, Sept. 12, 2013]", "(a) Intervention and participation by other persons are permitted only at the hearing stage of the complaint process and with the written approval of the hearing officer.\n\n(b) A person may submit a written motion for leave to intervene as a party. Except for good cause shown, a motion for leave to intervene shall be submitted not later than 10 days after the notice of hearing and hearing order.\n\n(c) If the hearing officer finds that intervention will not unduly broaden the issues or delay the proceedings and, if the person has an interest that will benefit the proceedings, the hearing officer may grant a motion for leave to intervene. The hearing officer may determine the extent to which an intervenor may participate in the proceedings.\n\n(d) Other persons may petition the hearing officer for leave to participate in the hearing. Participation is limited to the filing of a posthearing brief and reply to the hearing officer and the Associate Administrator. Such a brief shall be filed and served on all parties in the same manner as the parties' posthearing briefs are filed.\n\n(e) Participation under this section is at the discretion of the hearing officer, and no decision permitting participation shall be deemed to constitute an expression that the participant has such a substantial interest in the proceeding as would entitle it to judicial review of such decision."], ["14:14:1.0.1.2.8.6.11.5", 14, "Aeronautics and Space", "I", "B", "16", "PART 16\u2014RULES OF PRACTICE FOR FEDERALLY-ASSISTED AIRPORT ENFORCEMENT PROCEEDINGS", "F", "Subpart F\u2014Hearings", "", "\u00a7 16.209 Extension of time.", "FAA", "", "", "", "(a)  Extension by oral agreement.  The parties may agree to extend for a reasonable period of time for filing a document under this part. If the parties agree, the hearing officer shall grant one extension of time to each party. The party seeking the extension of time shall submit a draft order to the hearing officer to be signed by the hearing officer and filed with the hearing docket. The hearing officer may grant additional oral requests for an extension of time where the parties agree to the extension.\n\n(b)  Extension by motion.  A party shall file a written motion for an extension of time with the hearing officer not later than 7 days before the document is due unless good cause for the late filing is shown. A party filing a written motion for an extension of time shall serve a copy of the motion on each party.\n\n(c)  Failure to rule.  If the hearing officer fails to rule on a written motion for an extension of time by the date the document was due, the motion for an extension of time is deemed denied.\n\n(d)  Effect on time limits.  In a hearing required by section 519(b) of the Airport and Airways Improvement Act, as amended in 1987, 49 U.S.C. 47106(e) and 47111(d), the due date for the hearing officer's initial decision and for the final agency decision are extended by the length of the extension granted by the hearing officer only if the hearing officer grants an extension of time as a result of an agreement by the parties as specified in paragraph (a) of this section or, if the hearing officer grants an extension of time as a result of the sponsor's failure to adhere to the hearing schedule. In any other hearing, an extension of time granted by the hearing officer for any reason extends the due date for the hearing officer's initial decision and for the final agency decision by the length of time of the hearing officer's decision."], ["14:14:1.0.1.2.8.6.11.6", 14, "Aeronautics and Space", "I", "B", "16", "PART 16\u2014RULES OF PRACTICE FOR FEDERALLY-ASSISTED AIRPORT ENFORCEMENT PROCEEDINGS", "F", "Subpart F\u2014Hearings", "", "\u00a7 16.211 Prehearing conference.", "FAA", "", "", "[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as amended at Amdt. 16-1, 78 FR 56147, Sept. 12, 2013]", "(a)  Prehearing conference notice.  The hearing officer schedules a prehearing conference and serves a prehearing conference notice on the parties promptly after being designated as a hearing officer.\n\n(1) The prehearing conference notice specifies the date, time, place, and manner (in person or by telephone) of the prehearing conference.\n\n(2) The prehearing conference notice may direct the parties to exchange proposed witness lists, requests for evidence and the production of documents in the possession of another party, responses to interrogatories, admissions, proposed procedural schedules, and proposed stipulations before the date of the prehearing conference.\n\n(b)  The prehearing conference.  The prehearing conference is conducted by telephone or in person, at the hearing officer's discretion. The prehearing conference addresses matters raised in the prehearing conference notice and such other matters as the hearing officer determines will assist in a prompt, full and fair hearing of the issues.\n\n(c)  Prehearing conference report.  At the close of the prehearing conference, the hearing officer rules on any requests for evidence and the production of documents in the possession of other parties, responses to interrogatories, and admissions; on any requests for depositions; on any proposed stipulations; and on any pending applications for subpoenas as permitted by \u00a7 16.219. In addition, the hearing officer establishes the schedule, which shall provide for the issuance of an initial decision not later than 110 days after issuance of the Director's Determination order unless otherwise provided in the hearing order."], ["14:14:1.0.1.2.8.6.11.7", 14, "Aeronautics and Space", "I", "B", "16", "PART 16\u2014RULES OF PRACTICE FOR FEDERALLY-ASSISTED AIRPORT ENFORCEMENT PROCEEDINGS", "F", "Subpart F\u2014Hearings", "", "\u00a7 16.213 Discovery.", "FAA", "", "", "", "(a) Discovery is limited to requests for admissions, requests for production of documents, interrogatories, and depositions as authorized by \u00a7 16.215.\n\n(b) The hearing officer shall limit the frequency and extent of discovery permitted by this section if a party shows that\u2014\n\n(1) The information requested is cumulative or repetitious;\n\n(2) The information requested may be obtained from another less burdensome and more convenient source;\n\n(3) The party requesting the information has had ample opportunity to obtain the information through other discovery methods permitted under this section; or\n\n(4) The method or scope of discovery requested by the party is unduly burdensome or expensive."], ["14:14:1.0.1.2.8.6.11.8", 14, "Aeronautics and Space", "I", "B", "16", "PART 16\u2014RULES OF PRACTICE FOR FEDERALLY-ASSISTED AIRPORT ENFORCEMENT PROCEEDINGS", "F", "Subpart F\u2014Hearings", "", "\u00a7 16.215 Depositions.", "FAA", "", "", "[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as amended at Amdt. 16-1, 78 FR 56147, Sept. 12, 2013]", "(a)  General.  For good cause shown, the hearing officer may order that the testimony of a witness may be taken by deposition and that the witness produce documentary evidence in connection with such testimony. Generally, an order to take the deposition of a witness is entered only if:\n\n(1) The person whose deposition is to be taken would be unavailable at the hearing;\n\n(2) The deposition is deemed necessary to perpetuate the testimony of the witness; or\n\n(3) The taking of the deposition is necessary to prevent undue and excessive expense to a party and will not result in undue burden to other parties or in undue delay.\n\n(b)  Application for deposition.  Any party desiring to take the deposition of a witness shall make application therefor to the hearing officer in writing, with a copy of the application served on each party. The application shall include:\n\n(1) The name and residence of the witness;\n\n(2) The time and place for the taking of the proposed deposition;\n\n(3) The reasons why such deposition should be taken; and\n\n(4) A general description of the matters concerning which the witness will be asked to testify.\n\n(c)  Order authorizing deposition.  If good cause is shown, the hearing officer, in his or her discretion, issues an order authorizing the deposition and specifying the name of the witness to be deposed, the location and time of the deposition and the general scope and subject matter of the testimony to be taken.\n\n(d)  Procedures for deposition.  (1) Witnesses whose testimony is taken by deposition shall be sworn or shall affirm before any questions are put to them. Each question propounded shall be recorded and the answers of the witness transcribed verbatim.\n\n(2) Objections to questions or evidence shall be recorded in the transcript of the deposition. The interposing of an objection shall not relieve the witness of the obligation to answer questions, except where the answer would violate a privilege.\n\n(3) The written transcript shall be subscribed by the witness, unless the parties by stipulation waive the signing, or the witness is ill, cannot be found, or refuses to sign. The reporter shall note the reason for failure to sign.\n\n(e)  Depositions of agency employees.  (1) Depositions of Agency Employees will not be allowed except under the provisions of 49 CFR part 9.\n\n(2) Such depositions will be allowed only with the specific written permission of the Chief Counsel or his or her designee."], ["14:14:1.0.1.2.8.6.11.9", 14, "Aeronautics and Space", "I", "B", "16", "PART 16\u2014RULES OF PRACTICE FOR FEDERALLY-ASSISTED AIRPORT ENFORCEMENT PROCEEDINGS", "F", "Subpart F\u2014Hearings", "", "\u00a7 16.217 Witnesses.", "FAA", "", "", "", "(a) Each party may designate as a witness any person who is able and willing to give testimony that is relevant and material to the issues in the hearing case, subject to the limitation set forth in paragraph (b) of this section.\n\n(b) The hearing officer may exclude testimony of witnesses that would be irrelevant, immaterial, or unduly repetitious.\n\n(c) Any witness may be accompanied by counsel. Counsel representing a nonparty witness has no right to examine the witness or otherwise participate in the development of testimony."], ["14:14:1.0.1.2.8.7.11.1", 14, "Aeronautics and Space", "I", "B", "16", "PART 16\u2014RULES OF PRACTICE FOR FEDERALLY-ASSISTED AIRPORT ENFORCEMENT PROCEEDINGS", "G", "Subpart G\u2014Judicial Review", "", "\u00a7 16.247 Judicial review of a final decision and order.", "FAA", "", "", "[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996. Redesignated and amended by Amdt. 16-1, 78 FR 56148, Sept. 12, 2013]", "(a) A person may seek judicial review, in a United States Court of Appeals, of a final decision and order of the Associate Administrator, and of an order of dismissal with prejudice issued by the Director, as provided in 49 U.S.C. 46110 or 49 U.S.C. 47106(d) and 47111(d). A party seeking judicial review shall file a petition for review with the Court not later than 60 days after the order has been served on the party or within 60 days after the entry of an order under 49 U.S.C. 46110.\n\n(b) The following do not constitute final decisions and orders subject to judicial review:\n\n(1) An FAA decision to dismiss a complaint without prejudice, as set forth in \u00a7 16.27;\n\n(2) A Director's Determination;\n\n(3) An initial decision issued by a hearing officer at the conclusion of a hearing;\n\n(4) A Director's Determination or an initial decision of a hearing officer becomes the final decision of the Associate Administrator because it was not appealed within the applicable time periods provided under \u00a7\u00a7 16.33(c) and 16.241(b)."], ["14:14:1.0.1.2.8.8.11.1", 14, "Aeronautics and Space", "I", "B", "16", "PART 16\u2014RULES OF PRACTICE FOR FEDERALLY-ASSISTED AIRPORT ENFORCEMENT PROCEEDINGS", "H", "Subpart H\u2014Ex Parte Communications", "", "\u00a7 16.301 Prohibited ex parte communications.", "FAA", "", "", "[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996. Redesignated at Amdt. 16-1, 78 FR 56148, Sept. 12, 2013]", "(a) The prohibitions of this section shall apply from the time a proceeding is noticed for hearing unless the person responsible for the communication has knowledge that it will be noticed, in which case the prohibitions shall apply at the time of the acquisition of such knowledge.\n\n(b) Except to the extent required for the disposition of ex parte matters as authorized by law:\n\n(1) No interested person outside the FAA and no FAA employee participating as a party shall make or knowingly cause to be made to any decisional employee an ex parte communication relevant to the merits of the proceeding;\n\n(2) No FAA employee shall make or knowingly cause to be made to any interested person outside the FAA an ex parte communication relevant to the merits of the proceeding; or\n\n(3) Ex parte communications regarding solely matters of agency procedure or practice are not prohibited by this section."], ["14:14:1.0.1.2.8.8.11.2", 14, "Aeronautics and Space", "I", "B", "16", "PART 16\u2014RULES OF PRACTICE FOR FEDERALLY-ASSISTED AIRPORT ENFORCEMENT PROCEEDINGS", "H", "Subpart H\u2014Ex Parte Communications", "", "\u00a7 16.303 Procedures for handling ex parte communications.", "FAA", "", "", "[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996. Redesignated at Amdt. 16-1, 78 FR 56148, Sept. 12, 2013]", "A decisional employee who receives or who makes or knowingly causes to be made a communication prohibited by \u00a7 16.303 shall place in the public record of the proceeding:\n\n(a) All such written communications;\n\n(b) Memoranda stating the substance of all such oral communications; and\n\n(c) All written responses, and memoranda stating the substance of all oral responses, to the materials described in paragraphs (a) and (b) of this section."], ["14:14:1.0.1.2.8.8.11.3", 14, "Aeronautics and Space", "I", "B", "16", "PART 16\u2014RULES OF PRACTICE FOR FEDERALLY-ASSISTED AIRPORT ENFORCEMENT PROCEEDINGS", "H", "Subpart H\u2014Ex Parte Communications", "", "\u00a7 16.305 Requirement to show cause and imposition of sanction.", "FAA", "", "", "[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996. Redesignated at Amdt. 16-1, 78 FR 56148, Sept. 12, 2013]", "(a) Upon receipt of a communication knowingly made or knowingly caused to be made by a party in violation of \u00a7 16.303, the Associate Administrator or his designee or the hearing officer may, to the extent consistent with the interests of justice and the policy of the underlying statutes, require the party to show cause why his or her claim or interest in the proceeding should not be dismissed, denied, disregarded, or otherwise adversely affected on account of such violation.\n\n(b) The Associate Administrator may, to the extent consistent with the interests of justice and the policy of the underlying statutes administered by the FAA, consider a violation of this subpart sufficient grounds for a decision adverse to a party who has knowingly committed such violation or knowingly caused such violation to occur."], ["17:17:1.0.1.1.15.0.7.1", 17, "Commodity and Securities Exchanges", "I", "", "16", "PART 16\u2014REPORTS BY CONTRACT MARKETS AND SWAP EXECUTION FACILITIES", "", "", "", "\u00a7 16.00 Clearing member reports.", "CFTC", "", "", "[46 FR 54526, Nov. 3, 1981, as amended at 46 FR 63036, Dec. 30, 1981; 47 FR 57014, Dec. 22, 1982; 51 FR 4717, Feb. 7, 1986; 52 FR 18910, May 20, 1987; 62 FR 24031, May 2, 1997; 69 FR 76398, Dec. 21, 2004; 71 FR 37818, July 3, 2006; 77 FR 66333, Nov. 2, 2012]", "(a)  Information to be provided.  Each reporting market shall submit to the Commission, in accordance with paragraph (b) of this section, a report for each business day, showing for each clearing member, by proprietary and customer account, the following information separately for futures by commodity and by future, and, for options, by underlying futures contract (for options on futures contracts) or by underlying commodity (for other commodity options), and by put, by call, by expiration date and by strike price:\n\n(1) The total of all long open contracts and the total of all short open contracts carried at the end of the day covered by the report, excluding from open futures contracts the number of contracts against which delivery notices have been stopped or against which delivery notices have been issued by the clearing organization of the reporting market;\n\n(2) The quantity of contracts bought and the quantity of contracts sold during the day covered by the report;\n\n(3) [Reserved]\n\n(4) The quantity of purchases of futures for commodities or for derivatives positions and the quantity of sales of futures for commodities or for derivatives positions which are included in the total quantity of contracts bought and sold during the day covered by the report, and the names of the clearing members who made the purchases or sales;\n\n(5) For futures, the quantity of the commodity for which delivery notices have been issued by the clearing organization of the reporting market and the quantity for which notices have been stopped during the day covered by the report.\n\n(b)  Form, manner and time of filing reports.  Unless otherwise approved by the Commission or its designee, reporting markets shall submit the information required by paragraph (a) of this section as follows:\n\n(1) Using the format, coding structure, and electronic data transmission procedures approved in writing by the Commission or its designee;  provided however , the information shall be made available to the Commission or its designee in hard copy upon request; and\n\n(2) When such data is first available but not later than 12:00 p.m. on the business day following the day to which the information pertains. Unless otherwise specified by the Commission or its designee, the stated time is eastern time for information concerning markets located in that time zone, and central time for information concerning all other markets.\n\n(c)  Exclusively self-cleared contracts.  Unless determined otherwise by the Commission, paragraph (a) of this section shall not apply to transactions involving exclusively self-cleared contracts."], ["17:17:1.0.1.1.15.0.7.2", 17, "Commodity and Securities Exchanges", "I", "", "16", "PART 16\u2014REPORTS BY CONTRACT MARKETS AND SWAP EXECUTION FACILITIES", "", "", "", "\u00a7 16.01 Publication of market data on futures, swaps and options thereon: trading volume, open contracts, prices, and critical dates.", "CFTC", "", "", "[77 FR 36696, June 19, 2012, as amended at 77 FR 66333, Nov. 2, 2012]", "(a)  Trading volume and open contracts.  (1) Each reporting market, as defined in part 15 of this chapter, must separately record for each business day the information prescribed in paragraphs (a)(2)(i) through (vi) of this section for each of the following contract categories:\n\n(i) For futures, by commodity and by futures expiration date;\n\n(ii) For options, by underlying futures contracts for options on futures contracts or by underlying commodity for options on commodities, and by put, by call, by expiration date and by strike price;\n\n(iii) For swaps or class of swaps, by product type and by term life of the swap; and\n\n(iv) For options on swaps or classes of options on swaps, by underlying swap contracts for options on swap contracts or by underlying commodity for options on swaps on commodities, and by put, by call, by expiration date and by strike price.\n\n(2) Each reporting market must record for each trading session the following trading volume and open interest summary data:\n\n(i) The option delta, where a delta system is used;\n\n(ii) The total gross open contracts for futures, excluding those contracts against which delivery notices have been stopped;\n\n(iii) For futures products that specify delivery, open contracts against which delivery notices have been issued on that business day;\n\n(iv) The total volume of trading, excluding transfer trades or office trades:\n\n(A) For swaps and options on swaps, trading volume shall be reported in terms of the number of contracts traded for standard-sized contracts ( i.e. , contracts with a set contract size for all transactions) or in terms of notional value for non-standard-sized contracts ( i.e. , contracts whose contract size is not set and can vary for each transaction).\n\n(B) [Reserved]\n\n(v) The total volume of futures/options/swaps/swaptions exchanged for commodities or for derivatives positions that are included in the total volume of trading; and\n\n(vi) The total volume of block trades included in the total volume of trading.\n\n(b)  Prices.  (1) Each reporting market must record the following contract types separately\n\n(i) For futures, by commodity and by futures expiration;\n\n(ii) For options, by underlying futures contracts for options on futures contracts or by underlying commodity for options on commodities, and by put, by call, by expiration date and by strike price;\n\n(iii) For swaps, by product type and contract month or term life of the swap; and\n\n(iv) For options on swaps or classes of options on swaps, by underlying swap contracts for options on swap contracts or by underlying commodity for options on swaps on commodities, and by put, by call, by expiration date and by strike price.\n\n(2) Each reporting market must record for the trading session and for the opening and closing periods of trading as determined by each reporting market:\n\n(i) The opening and closing prices of each futures, option, swap or swaption;\n\n(ii) The price that is used for settlement purposes, if different from the closing price; and\n\n(iii) The lowest price of a sale or offer, whichever is lower, and the highest price of a sale or bid, whichever is higher, that the reporting market reasonably determines accurately reflects market conditions. Bids and offers vacated or withdrawn shall not be used in making this determination. A bid is vacated if followed by a higher bid or price and an offer is vacated if followed by a lower offer or price.\n\n(3) If there are no transactions, bids, or offers during the opening or closing periods, the reporting market may record as appropriate:\n\n(i) The first price (in lieu of opening price data) or the last price (in lieu of closing price data) occurring during the trading session, clearly indicating that such prices are the first and last prices; or\n\n(ii) Nominal opening or nominal closing prices that the reporting market reasonably determines to accurately reflect market conditions, clearly indicating that such prices are nominal.\n\n(4) Additional information. Each reporting market must record the following information with respect to transactions in commodity futures, commodity options, swaps or options on swaps on that reporting market:\n\n(i) The method used by the reporting market in determining nominal prices and settlement prices; and\n\n(ii) If discretion is used by the reporting market in determining the opening and/or closing ranges or the settlement prices, an explanation that certain discretion may be employed by the reporting market and a description of the manner in which that discretion may be employed. Discretionary authority must be noted explicitly in each case in which it is applied (for example, by use of an asterisk or footnote).\n\n(c)  Critical dates.  Each reporting market must report to the Commission, for each futures contract, the first notice date and the last trading date, and for each option contract, the expiration date in accordance with paragraph (d) of this section.\n\n(d)  Form, manner and time of filing reports.  Unless otherwise approved by the Commission or its designee, reporting markets must submit to the Commission the information specified in paragraphs (a), (b), and (c) of this section as follows:\n\n(1) Using the format, coding structure and electronic data transmission procedures approved in writing by the Commission or its designee; provided however, that the information must be made available to the Commission or its designee in hard copy upon request;\n\n(2) When each such form of the data is first available, but not later than 7:00 a.m. on the business day following the day to which the information pertains for the delta factor and settlement price and not later than 12:00 p.m. for the remainder of the information. Unless otherwise specified by the Commission or its designee, the stated time is U.S. eastern standard time for information concerning markets located in that time zone, and U.S. central time for information concerning all other markets; and\n\n(3) For information on reports to the Commission for swap or options on swap contracts, refer to part 20 of this chapter.\n\n(e)  Publication of recorded information.  (1) Reporting markets must make the information in paragraph (a) of this section readily available to the news media and the general public without charge, in a format that readily enables the consideration of such data, no later than the business day following the day to which the information pertains. The information in paragraphs (a)(2)(iv) through (vi) of this section shall be made readily available in a format that presents the information together.\n\n(2) Reporting markets must make the information in paragraphs (b)(2) and (3) of this section readily available to the news media and the general public, and the information in paragraph (b)(4)(ii) of this section readily available to the general public, in a format that readily enables the consideration of such data, no later than the business day following the day to which the information pertains. Information in paragraph (b)(4)(i) of this section must be made available in the registered entity's rulebook, which is publicly accessible on its Web site."], ["17:17:1.0.1.1.15.0.7.3", 17, "Commodity and Securities Exchanges", "I", "", "16", "PART 16\u2014REPORTS BY CONTRACT MARKETS AND SWAP EXECUTION FACILITIES", "", "", "", "\u00a7 16.02 Daily trade and supporting data reports.", "CFTC", "", "", "[74 FR 12190, Mar. 23, 2009]", "Reporting markets shall provide trade and supporting data reports to the Commission on a daily basis. Such reports shall include transaction-level trade data and related order information for each futures or options contract. Reports shall also include time and sales data, reference files and other information as the Commission or its designee may require. All reports must be submitted at the time, and in the manner and format, and with the specific content specified by the Commission or its designee. Upon request, such information shall be accompanied by data that identifies or facilitates the identification of each trader for each transaction or order included in a submitted trade and supporting data report if the reporting market maintains such data."], ["17:17:1.0.1.1.15.0.7.4", 17, "Commodity and Securities Exchanges", "I", "", "16", "PART 16\u2014REPORTS BY CONTRACT MARKETS AND SWAP EXECUTION FACILITIES", "", "", "", "\u00a7\u00a7 16.03-16.05 [Reserved]", "CFTC", "", "", "", ""], ["17:17:1.0.1.1.15.0.7.5", 17, "Commodity and Securities Exchanges", "I", "", "16", "PART 16\u2014REPORTS BY CONTRACT MARKETS AND SWAP EXECUTION FACILITIES", "", "", "", "\u00a7 16.06 Errors or omissions.", "CFTC", "", "", "[71 FR 37819, July 3, 2006]", "Unless otherwise approved by the Commission or its designee, reporting markets shall file corrections to errors or omissions in data previously filed with the Commission pursuant to \u00a7\u00a7 16.00 and 16.01 in the format and using the coding structure and electronic data submission procedures approved in writing by the Commission or its designee."], ["17:17:1.0.1.1.15.0.7.6", 17, "Commodity and Securities Exchanges", "I", "", "16", "PART 16\u2014REPORTS BY CONTRACT MARKETS AND SWAP EXECUTION FACILITIES", "", "", "", "\u00a7 16.07 Delegation of authority to the Director of the Division of Data and to the Director of the Division of Market Oversight.", "CFTC", "", "", "[82 FR 28767, June 26, 2017, as amended at 89 FR 71809, Sept. 4, 2024]", "(a) The Commission hereby delegates, until the Commission orders otherwise, the authority set forth in paragraphs (b) and (c) of this section to the Director of the Division of Data, with the concurrence of the Director of the Division of Market Oversight, or such other employee or employees as the Directors each may designate. The Commission hereby delegates, until the Commission orders otherwise, the authority set forth in paragraph (d) of this section to the Director of the Division of Data, to be exercised by such Director or by such other employee or employees of such Director as may be designated by the Director. The Directors may submit to the Commission for its consideration any matter which has been delegated in this paragraph. Nothing in this paragraph prohibits the Commission, at its election, from exercising the authority delegated in this paragraph.\n\n(b) Pursuant to \u00a7\u00a7 16.00(b) and 16.01(d), as applicable, the authority to determine whether reporting markets must submit data in hard copy, and the time that such data may be submitted where the Director determines that a reporting market is unable to meet the requirements set forth in the regulations.\n\n(c) Pursuant to \u00a7\u00a7 16.00(b)(1), 16.01(d)(1), and 16.06, the authority to approve the format, coding structure and electronic data transmission procedures used by reporting markets.\n\n(d) Pursuant to \u00a7 16.02, the authority to determine the specific content of any daily trade and supporting data report, request that such reports be accompanied by data that identifies or facilitates the identification of each trader for each transaction or order included in a submitted trade and supporting data report, and establish the time for the submission of and the manner and format of such reports."], ["21:21:1.0.1.1.13.1.98.1", 21, "Food and Drugs", "I", "A", "16", "PART 16\u2014REGULATORY HEARING BEFORE THE FOOD AND DRUG ADMINISTRATION", "A", "Subpart A\u2014General Provisions", "", "\u00a7 16.1 Scope.", "FDA", "", "", "[44 FR 22367, Apr. 13, 1979]", "The procedures in this part apply when:\n\n(a) The Commissioner is considering any regulatory action, including a refusal to act, and concludes, as a matter of discretion, on the Commissioner's initiative or at the suggestion of any person, to offer an opportunity for a regulatory hearing to obtain additional information before making a decision or taking action.\n\n(b) The act or a regulation provides a person with an opportunity for a hearing on a regulatory action, including proposed action, and the act or a regulation either specifically provides an opportunity for a regulatory hearing under this part or provides an opportunity for a hearing for which no procedures are specified by regulation. Listed below are the statutory and regulatory provisions under which regulatory hearings are available:\n\n(1) Statutory provisions:\n\nSection 304(g) of the act relating to the administrative detention of devices and drugs (see \u00a7\u00a7 800.55(g) and 1.980(g) of this chapter).\n\nSection 304(h) of the act relating to the administrative detention of food for human or animal consumption (see part 1, subpart k of this chapter).\n\nSection 419(c)(2)(D) of the Federal Food, Drug, and Cosmetic Act relating to the modification or revocation of a variance from the requirements of section 419 (see part 112, subpart P of this chapter).\n\nSection 515(e)(1) of the act relating to the proposed withdrawal of approval of a device premarket approval application.\n\nSection 515(e)(3) of the act relating to the temporary suspension of approval of a premarket approval application.\n\nSection 515(f)(6) of the act relating to a proposed order revoking a device product development protocol or declaring a protocol not completed.\n\nSection 515(f)(7) of the act relating to revocation of a notice of completion of a product development protocol.\n\nSection 516(b) of the act regarding a proposed regulation to ban a medical device with a special effective date.\n\nSection 518(b) of the act relating to a determination that a device is subject to a repair, replacement, or refund order or that a correction plan, or revised correction plan, submitted by a manufacturer, importer, or distributor is inadequate.\n\nSection 518(e) of the act relating to a cease distribution and notification order or mandatory recall order concerning a medical device for human use.\n\nSection 520(f)(2)(D) of the act relating to exemptions or variances from device current good manufacturing practice requirements (see \u00a7 820.1(d)).\n\nSection 520(g)(4) and (g)(5) of the act relating to disapproval and withdrawal of approval of an application from an investigational device exemption (see \u00a7\u00a7 812.19(c), 812.30(c), 813.30(d), and 813.35(c) of this chapter).\n\nSection 903(a)(8)(B)(ii) of the Federal Food, Drug, and Cosmetic Act relating to the misbranding of tobacco products.\n\nSection 906(e)(1)(B) of the Federal Food, Drug, and Cosmetic Act relating to the establishment of good manufacturing practice requirements for tobacco products.\n\nSection 910(d)(1) of the Federal Food, Drug, and Cosmetic Act relating to the withdrawal of an order allowing a new tobacco product to be introduced or delivered for introduction into interstate commerce.\n\nSection 911(j) of the Federal Food, Drug, and Cosmetic Act relating to the withdrawal of an order allowing a modified risk tobacco product to be introduced or delivered for introduction into interstate commerce.\n\n(2) The regulatory provisions are as follows:\n\nTable 1 to Paragraph ( b )(2)"], ["21:21:1.0.1.1.13.1.98.2", 21, "Food and Drugs", "I", "A", "16", "PART 16\u2014REGULATORY HEARING BEFORE THE FOOD AND DRUG ADMINISTRATION", "A", "Subpart A\u2014General Provisions", "", "\u00a7 16.5 Inapplicability and limited applicability.", "FDA", "", "", "[44 FR 22367, Apr. 13, 1979, as amended at 57 FR 58403, Dec. 10, 1992; 65 FR 76110, Dec. 5, 2000; 74 FR 33095, July 9, 2009; 89 FR 83781, Oct. 18, 2024]", "(a) This part does not apply to the following:\n\n(1) Informal presentation of views before reporting a criminal violation under section 305 of the act and section 5 of the Federal Import Milk Act and \u00a7 1210.31.\n\n(2) A hearing on a refusal of admission of a food, drug, device, or cosmetic under section 801(a) of the act and \u00a7 1.94, or of an electronic product under section 360(a) of the Public Health Service Act and \u00a7 1005.20.\n\n(3) Factory inspections, recalls (except mandatory recalls of medical devices intended for human use), regulatory letters, and similar compliance activities related to law enforcement.\n\n(4) A hearing on an order for relabeling, diversion, or destruction of shell eggs under section 361 of the Public Health Service Act (42 U.S.C. 264) and \u00a7\u00a7 101.17(h) and 115.50 of this chapter.\n\n(5) A hearing on an order for diversion or destruction of shell eggs under section 361 of the Public Health Service Act (42 U.S.C. 264), and \u00a7 118.12 of this chapter.\n\n(b) If a regulation provides a person with an opportunity for hearing and specifies some procedures for the hearing but not a comprehensive set of procedures, the procedures in this part apply to the extent that they are supplementary and not in conflict with the other procedures specified for the hearing. Thus, the procedures in subpart A of part 108 relating to emergency permit control are supplemented by the nonconflicting procedures in this part, e.g., the right to counsel, public notice of the hearing, reconsideration and stay, and judicial review."], ["21:21:1.0.1.1.13.2.98.1", 21, "Food and Drugs", "I", "A", "16", "PART 16\u2014REGULATORY HEARING BEFORE THE FOOD AND DRUG ADMINISTRATION", "B", "Subpart B\u2014Initiation of Proceedings", "", "\u00a7 16.22 Initiation of regulatory hearing.", "FDA", "", "", "[44 FR 22367, Apr. 13, 1979, as amended at 49 FR 32173, Aug. 13, 1984]", "(a) A regulatory hearing is initiated by a notice of opportunity for hearing from FDA. The notice will\u2014\n\n(1) Be sent by mail, telegram, telex, personal delivery, or any other mode of written communication;\n\n(2) Specify the facts and the action that are the subject of the opportunity for a hearing;\n\n(3) State that the notice of opportunity for hearing and the hearing are governed by this part; and\n\n(4) State the time within which a hearing may be requested, and state the name, address, and telephone number of the FDA employee to whom any request for hearing is to be addressed.\n\n(5) Refer to FDA's guideline on electronic media coverage of its administrative proceedings (21 CFR part 10, subpart C).\n\n(b) A person offered an opportunity for a hearing has the amount of time specified in the notice, which may not be less than 3 working days after receipt of the notice, within which to request a hearing. The request may be filed by mail, telegram, telex, personal delivery, or any other mode of written communication, addressed to the designated FDA employee. If no response is filed within that time, the offer is deemed to have been refused and no hearing will be held.\n\n(c) If a hearing is requested, the Commissioner will designate a presiding officer, and the hearing will take place at a time and location agreed upon by the party requesting the hearing, the FDA, and the presiding officer or, if agreement cannot be reached, at a reasonable time and location designated by the presiding officer.\n\n(d) A notice of opportunity for hearing under this section will not operate to delay or stay any administrative action, including enforcement action by the agency unless the Commissioner, as a matter of discretion, determines that delay or a stay is in the public interest."], ["21:21:1.0.1.1.13.2.98.2", 21, "Food and Drugs", "I", "A", "16", "PART 16\u2014REGULATORY HEARING BEFORE THE FOOD AND DRUG ADMINISTRATION", "B", "Subpart B\u2014Initiation of Proceedings", "", "\u00a7 16.24 Regulatory hearing required by the act or a regulation.", "FDA", "", "", "[44 FR 22367, Apr. 13, 1979, as amended at 47 FR 26375, June 18, 1982; 54 FR 9037, Mar. 3, 1989]", "(a) A regulatory hearing required by the act or a regulation under \u00a7 16.1(b) will be initiated in the same manner as other regulatory hearings subject to the additional procedures in this section.\n\n(b) [Reserved]\n\n(c) The notice will state whether any action concerning the matter that is the subject of the opportunity for hearing is or is not being taken pending the hearing under paragraph (d) of this section.\n\n(d) The Commissioner may take such action pending a hearing under this section as the Commissioner concludes is necessary to protect the public health, except where expressly prohibited by statute or regulation. A hearing to consider action already taken, and not stayed by the Commissioner, will be conducted on an expedited basis.\n\n(e) The hearing may not be required to be held at a time less than 2 working days after receipt of the request for hearing.\n\n(f) Before the hearing, FDA will give to the party requesting the hearing reasonable notice of the matters to be considered at the hearing, including a comprehensive statement of the basis for the decision or action taken or proposed that is the subject of the hearing and a general summary of the information that will be presented by FDA at the hearing in support of the decision or action. This information may be given orally or in writing, in the discretion of FDA.\n\n(g) FDA and the party requesting the hearing will, if feasible, at least 1 day before the hearing provide to each other written notice of any published articles or written information to be presented at or relied on at the hearing. A copy will also be provided in advance if the other participant could not reasonably be expected to have or be able to obtain a copy. If written notice or a copy is not provided, the presiding officer may, if time permits, allow the party who did not receive the notice or copy additional time after the close of the hearing to make a submission concerning the article or information."], ["21:21:1.0.1.1.13.2.98.3", 21, "Food and Drugs", "I", "A", "16", "PART 16\u2014REGULATORY HEARING BEFORE THE FOOD AND DRUG ADMINISTRATION", "B", "Subpart B\u2014Initiation of Proceedings", "", "\u00a7 16.26 Denial of hearing and summary decision.", "FDA", "", "", "[53 FR 4615, Feb. 17, 1988, as amended at 69 FR 17290, Apr. 2, 2004]", "(a) A request for a hearing may be denied, in whole or in part, if the Commissioner or the FDA official to whom authority is delegated to make the final decision on the matter determines that no genuine and substantial issue of fact has been raised by the material submitted. If the Commissioner or his or her delegate determines that a hearing is not justified, written notice of the determination will be given to the parties explaining the reason for denial.\n\n(b) After a hearing commences, the presiding officer may issue a summary decision on any issue in the hearing if the presiding officer determines from the material submitted in connection with the hearing, or from matters officially noticed, that there is no genuine and substantial issue of fact respecting that issue. For the purpose of this paragraph, a hearing commences upon the receipt by FDA of a request for hearing submitted under \u00a7 16.22(b).\n\n(c) The Commissioner or his or her delegate may review any summary decision of the presiding officer issued under paragraph (b) of this section at the request of a party or on the Commissioner's or his or her delegate's own initiative."], ["21:21:1.0.1.1.13.3.98.1", 21, "Food and Drugs", "I", "A", "16", "PART 16\u2014REGULATORY HEARING BEFORE THE FOOD AND DRUG ADMINISTRATION", "C", "Subpart C\u2014Commissioner and Presiding Officer", "", "\u00a7 16.40 Commissioner.", "FDA", "", "", "[69 FR 17290, Apr. 2, 2004]", "Whenever the Commissioner has delegated authority on a matter for which a regulatory hearing is available under this part, the functions of the Commissioner under this part may be performed by any of the officials to whom the authority has been delegated, e.g., a center director."], ["21:21:1.0.1.1.13.3.98.2", 21, "Food and Drugs", "I", "A", "16", "PART 16\u2014REGULATORY HEARING BEFORE THE FOOD AND DRUG ADMINISTRATION", "C", "Subpart C\u2014Commissioner and Presiding Officer", "", "\u00a7 16.42 Presiding officer.", "FDA", "", "", "[44 FR 22367, Apr. 13, 1979, as amended at 54 FR 9037, Mar. 3, 1989; 67 FR 53306, Aug. 15, 2002]", "(a) An FDA employee to whom the Commissioner delegates such authority, or any other agency employee designated by an employee to whom such authority is delegated, or, consistent with 5 CFR 930.209(b) or (c), an administrative law judge to whom such authority is delegated, may serve as the presiding officer and conduct a regulatory hearing under this part.\n\n(b) In a regulatory hearing required by the act or a regulation, the presiding officer is to be free from bias or prejudice and may not have participated in the investigation or action that is the subject of the hearing or be subordinate to a person, other than the Commissioner, who has participated in such investigation or action.\n\n(c)(1) The Commissioner or the delegate under \u00a7 16.40 is not precluded by this section from prior participation in the investigation or action that is the subject of the hearing. If there has been prior participation, the Commissioner or the delegate should, if feasible, designate a presiding officer for the hearing who is not a subordinate. Thus, if the Commissioner's authority to make a final decision has been delegated to a center director, the presiding officer may be an official in another center or the office of the Commissioner. The exercise of general supervisory responsibility, or the designation of the presiding officer, does not constitute prior participation in the investigation or action that is the subject of the hearing so as to preclude the Commissioner or delegate from designating a subordinate as the presiding officer.\n\n(2) The party requesting a hearing may make a written request to have the Commissioner or the delegate under \u00a7 16.40 be the presiding officer, notwithstanding paragraph (c)(1) of this section. If accepted, as a matter of discretion, by the Commissioner or the delegate, the request is binding upon the party making the request.\n\n(3) A different presiding officer may be substituted for the one originally designated under \u00a7 16.22 without notice to the parties."], ["21:21:1.0.1.1.13.3.98.3", 21, "Food and Drugs", "I", "A", "16", "PART 16\u2014REGULATORY HEARING BEFORE THE FOOD AND DRUG ADMINISTRATION", "C", "Subpart C\u2014Commissioner and Presiding Officer", "", "\u00a7 16.44 Communication to presiding officer and Commissioner.", "FDA", "", "", "", "(a) Regulatory hearings are not subject to the separation of functions rules in \u00a7 10.55.\n\n(b) Those persons who are directly involved in the investigation or presentation of the position of FDA or any party at a regulatory hearing that is required by the act or a regulation should avoid any off-the-record communication on the matter to the presiding officer or the Commissioner or their advisors if the communication is inconsistent with the requirement of \u00a7 16.95(b)(1) that the administrative record be the exclusive record for decision. If any communication of this type occurs, it is to be reduced to writing and made part of the record, and the other party provided an opportunity to respond.\n\n(c) A copy of any letter or memorandum of meeting between a participant in the hearing and the presiding officer or the Commissioner, e.g., a response by the presiding officer to a request for a change in the time of the hearing, is to be sent to all participants by the person writing the letter or the memorandum."], ["21:21:1.0.1.1.13.4.98.1", 21, "Food and Drugs", "I", "A", "16", "PART 16\u2014REGULATORY HEARING BEFORE THE FOOD AND DRUG ADMINISTRATION", "D", "Subpart D\u2014Procedures for Regulatory Hearing", "", "\u00a7 16.60 Hearing procedure.", "FDA", "", "", "[44 FR 22367, Apr. 13, 1979, as amended at 66 FR 6469, Jan. 22, 2001; 66 FR 12850, Mar. 1, 2001]", "(a) A regulatory hearing is public, except when the Commissioner determines that all or part of a hearing should be closed to prevent a clearly unwarranted invasion of personal privacy; to prevent the disclosure of a trade secret or confidential commercial or financial information that is not available for public disclosure under \u00a7 20.61; or to protect investigatory records complied for law enforcement purposes that are not available for public disclosure under \u00a7 20.64.\n\n(1) The Commissioner may determine that a regulatory hearing is closed either on the Commissioner's initiative or on a request by the party asking for a regulatory hearing, in the request for the hearing.\n\n(2) If the hearing is a private hearing, no persons other than the party requesting the hearing, counsel and witnesses, and an employee or consultant or other person subject to a commercial arrangement as defined in \u00a7 20.81(a) and FDA representatives with a direct professional interest in the subject matter of the proceeding are entitled to attend.\n\n(b) A regulatory hearing will be conducted by a presiding officer. Employees of FDA will first give a full and complete statement of the action which is the subject of the hearing, together with the information and reasons supporting it, and may present any oral or written information relevant to the hearing. The party requesting the hearing may then present any oral or written information relevant to the hearing. All parties may confront and conduct reasonable cross-examination of any person (except for the presiding officer and counsel for the parties) who makes any statement on the matter at the hearing.\n\n(c) The hearing is informal in nature, and the rules of evidence do not apply. No motions or objections relating to the admissibility of information and views will be made or considered, but any other party may comment upon or rebut all such data, information, and views.\n\n(d) The presiding officer may order the hearing to be transcribed. The party requesting the hearing may have the hearing transcribed, at the party's expense, in which case a copy of the transcript is to be furnished to FDA. Any transcript of the hearing will be included with the presiding officer's report of the hearing.\n\n(e) The presiding officer shall prepare a written report of the hearing. All written material presented at the hearing will be attached to the report. Whenever time permits, the parties to the hearing will be given the opportunity to review and comment on the presiding officer's report of the hearing.\n\n(f) The presiding officer shall include as part of the report of the hearing a finding on the credibility of witnesses (other than expert witnesses) whenever credibility is a material issue, and shall include a recommended decision, with a statement of reasons, unless the Commissioner directs otherwise.\n\n(g) The presiding officer has the power to take such actions and make such rulings as are necessary or appropriate to maintain order and to conduct a fair, expeditious, and impartial hearing, and to enforce the requirements of this part concerning the conduct of hearings. The presiding officer may direct that the hearing be conducted in any suitable manner permitted by law and these regulations.\n\n(h) The Commissioner or the presiding officer has the power under \u00a7 10.19 to suspend, modify, or waive any provision of this part."], ["21:21:1.0.1.1.13.4.98.2", 21, "Food and Drugs", "I", "A", "16", "PART 16\u2014REGULATORY HEARING BEFORE THE FOOD AND DRUG ADMINISTRATION", "D", "Subpart D\u2014Procedures for Regulatory Hearing", "", "\u00a7 16.62 Right to counsel.", "FDA", "", "", "", "Any party to a hearing under this part has the right at all times to be advised and accompanied by counsel."], ["21:21:1.0.1.1.13.5.98.1", 21, "Food and Drugs", "I", "A", "16", "PART 16\u2014REGULATORY HEARING BEFORE THE FOOD AND DRUG ADMINISTRATION", "E", "Subpart E\u2014Administrative Record and Decision", "", "\u00a7 16.80 Administrative record of a regulatory hearing.", "FDA", "", "", "", "(a) The administrative record of the regulatory hearing consists of the following:\n\n(1) The notice of opportunity for hearing and the response.\n\n(2) All written information and views submitted to the presiding officer at the hearing or after if specifically permitted by the presiding officer.\n\n(3) Any transcript of the hearing.\n\n(4) The presiding officer's report of the hearing and comments on the report under \u00a7 16.60(e).\n\n(5) All letters and memoranda of meetings or communications between participants and the presiding officer or the Commissioner referred to in \u00a7 16.44(c).\n\n(b) The record of the regulatory hearing is closed to the submission of information and views, at the close of the hearing, unless the presiding officer specifically permits additional time for a further submission."], ["21:21:1.0.1.1.13.5.98.2", 21, "Food and Drugs", "I", "A", "16", "PART 16\u2014REGULATORY HEARING BEFORE THE FOOD AND DRUG ADMINISTRATION", "E", "Subpart E\u2014Administrative Record and Decision", "", "\u00a7 16.85 Examination of administrative record.", "FDA", "", "", "", "Part 20 governs the availability for public disclosure of each document that is a part of the administrative record of a regulatory hearing."], ["21:21:1.0.1.1.13.5.98.3", 21, "Food and Drugs", "I", "A", "16", "PART 16\u2014REGULATORY HEARING BEFORE THE FOOD AND DRUG ADMINISTRATION", "E", "Subpart E\u2014Administrative Record and Decision", "", "\u00a7 16.95 Administrative decision and record for decision.", "FDA", "", "", "", "(a) With respect to a regulatory hearing at the Commissioner's initiative under \u00a7 16.1(a), the Commissioner shall consider the administrative record of the hearing specified in \u00a7 16.80(a) together with all other relevant information and views available to FDA in determining whether regulatory action should be taken and, if so, in what form.\n\n(b) With respect to a regulatory hearing required by the act or a regulation under \u00a7 16.1(b)\u2014\n\n(1) The administrative record of the hearing specified in \u00a7 16.80(a) constitutes the exclusive record for decision;\n\n(2) On the basis of the administrative record of the hearing, the Commissioner shall issue a written decision stating the reasons for the Commissioner's administrative action and the basis in the record; and\n\n(3) For purposes of judicial review under \u00a7 10.45, the record of the administrative proceeding consists of the record of the hearing and the Commissioner's decision."], ["21:21:1.0.1.1.13.6.98.1", 21, "Food and Drugs", "I", "A", "16", "PART 16\u2014REGULATORY HEARING BEFORE THE FOOD AND DRUG ADMINISTRATION", "F", "Subpart F\u2014Reconsideration and Stay", "", "\u00a7 16.119 Reconsideration and stay of action.", "FDA", "", "", "[44 FR 22367, Apr. 13, 1979, as amended at 54 FR 9037, Mar. 3, 1989]", "After any final administrative action that is the subject of a hearing under this part, any party may petition the Commissioner for reconsideration of any part or all of the decision or action under \u00a7 10.33 or may petition for a stay of the decision or action under \u00a7 10.35."], ["21:21:1.0.1.1.13.7.98.1", 21, "Food and Drugs", "I", "A", "16", "PART 16\u2014REGULATORY HEARING BEFORE THE FOOD AND DRUG ADMINISTRATION", "G", "Subpart G\u2014Judicial Review", "", "\u00a7 16.120 Judicial review.", "FDA", "", "", "", "Section 10.45 governs the availability of judicial review concerning any regulatory action which is the subject of a hearing under this part"], ["24:24:1.1.1.1.13.0.25.1", 24, "Housing and Urban Development", "", "", "16", "PART 16\u2014IMPLEMENTATION OF THE PRIVACY ACT OF 1974", "", "", "", "\u00a7 16.1 Purpose and statement of policy.", "HUD", "", "", "[40 FR 39729, Aug. 28, 1975, as amended at 41 FR 13917, Apr. 1, 1976]", "(a) The purpose of this part is to establish policies and procedures for implementing the Privacy Act of 1974 (Pub. L. 93-579), 5 U.S.C. 552(a). The main objectives are to facilitate full exercise of rights conferred on individuals under the Act and to insure the protection of privacy as to individuals about whom the Department maintains records in systems of records under the Act. The Department accepts the responsibility to act promptly and in accordance with the Act upon receipt of any inquiry, request or appeal from a citizen of the United States or an alien lawfully admitted for permanent residence into the United States, regardless of the age of the individual.\n\n(b) Further, the Department accepts the obligations to maintain only such information on individuals as is relevant and necessary to the performance of its lawful functions, to maintain that information with such accuracy, relevancy, timeliness and completeness as is reasonably necessary to assure fairness in determinations made by the Department about the individual, to obtain information from the individual to the extent practicable, and to take every reasonable step to protect that information from unwarranted disclosure. The Department will maintain no record describing how an individual exercises rights guaranteed by the First Amendment unless expressly authorized by statute or by the individual about whom the record is maintained or unless pertinent to and within the scope of an authorized law enforcement activity.\n\n(c) This part applies to all organizational components in the Department in order to assure the maximum amount of uniformity and consistency within the Department in its implementation of the Act.\n\n(d) The Assistant Secretary for Administration shall be responsible for carrying out the requirements of this part, for issuing such orders and directives internal to the Department as are necessary for full compliance with the Act, and for effecting publication of all required notices concerning systems of records.\n\n(e) Requests involving information pertaining to an individual which is in a record or file but not within the scope of a System of Records Notice published in the  Federal Register  are outside the scope of this part. Requests for departmental records will be considered to determine whether processing under this part, part 15, or both is most appropriate, notwithstanding the requester's characterization of the request, as follows:\n\n(1)  A Privacy Act request from an individual for records about that individual and not contained in a Privacy Act Records System  shall be considered a Freedom of Information Act request and processed under HUD Freedom of Information Act regulations (24 CFR part 15) to the extent that the requester has provided the Department a reasonable description of the documents requested. When a request for records is so considered as a Freedom of Information Act request, the Privacy Act Officer shall promptly refer it to the head of the appropriate organizational unit in accordance with HUD FOIA Regulations and shall advise the requester that time of receipt for processing purposes will be the time when it is received by the appropriate official.\n\n(2)  A Freedom of Information Act request from an individual for records about that individual contained in a Privacy Act Records System  shall be processed as follows:\n\n(i) If the request in whole or in part contains a reasonable description of any HUD document, processing shall be carried out pursuant to HUD FOIA Regulations.\n\n(ii) If the request in whole or in part does not contain a reasonable description of any HUD document, but does provide sufficient information under HUD Privacy Act Regulations to undertake a Privacy Act Records System search, the Department will provide full access under HUD Privacy Act Regulations. In this situation, the Department will comply with the deadlines for response set forth in the Privacy Act and HUD implementing regulations. In that event, an explanation will be provided to the requester advising that the request did not contain a reasonable description of a particular document as required under the FOIA and offering to process the request under FOIA procedures upon receipt of additional information sufficient to constitute a  reasonable description.\n\n(3)  A Freedom of Information Act request from an individual for records about another individual contained in a Privacy Act Records System  shall be processed as follows: When an exemption under subsection (b) of FOIA is available, the Privacy Act governs the public interest determination under HUD FOIA Regulations (24 CFR 15.21) and compels the withholding of such documents unless: (i) The subject of those records consents to their release or (ii) disclosure comes within one of the subsections of 5 U.S.C. \u00a7 552a(b).\n\n(4)  A Privacy Act request from an individual for records about another individual  shall be processed as follows: Except as expressly permitted in this part, requests by persons who are not the subject of a record contained in a Privacy Act Records System shall be outside the scope of this part. If the request satisfies the Freedom of Information Act requirement that requested records be reasonably described, the Privacy Act Officer shall consider the requests as a Freedom of Information Act request and shall proceed as in \u00a7 16.1(e)(1) of this section."], ["24:24:1.1.1.1.13.0.25.10", 24, "Housing and Urban Development", "", "", "16", "PART 16\u2014IMPLEMENTATION OF THE PRIVACY ACT OF 1974", "", "", "", "\u00a7 16.10 Appeal of initial adverse agency determination on correction or amendment.", "HUD", "", "", "", "(a) Appeal shall be available only from a written denial of a request for correction or amendment of a record issued under \u00a7 16.9, and only if a written appeal is filed within thirty calendar days after the issuance of the written denial.\n\n(b) Each appeal shall be addressed to the Privacy Appeals Officer identified in the written denial. The envelope containing the appeal and the letter itself should both clearly indicate that the subject is PRIVACY ACT APPEAL.\n\n(c) When an appeal is misdirected by the requester, or not addressed as specified in paragraph (b) of this section, the Department official receiving same shall promptly refer it to the appropriate Privacy Appeals Officer and the time of receipt for processing purposes will be the time when it is received by the appropriate official.\n\n(d) When an appeal fails to provide the necessary information as set forth in paragraph (e) of this section, the requester shall be advised that the time for receipt for processing purposes will be the time when the additional necessary information is received by the appropriate official.\n\n(e) The individual's appeal papers shall include the following: A copy of the original request for correction or amendment; a copy of the initial denial; and a statement of the reasons why the initial denial is believed to be in error. The appeal shall be signed by the individual. The record which the individual requests be corrected or amended will be supplied by the Privacy Act Officer who issued the initial denial. While the foregoing normally will comprise the entire record on appeal, the Privacy Appeals Officer may seek additional information necessary to assure that the final determination is fair and equitable and, in such instances, the additional information will be disclosed to the individual to the greatest extent possible and an opportunity provided for comment thereon.\n\n(f) No hearing on appeal will be allowed.\n\n(g) The Privacy Appeals Officer shall act upon the appeal and issue a final Department determination in writing not later than thirty days (excluding Saturdays, Sundays and holidays) from the date on which the appeal is received; provided, that the Privacy Appeals Officer may extend the thirty days upon deciding that a fair and equitable review cannot be made within that period, but only if the individual is advised in writing of the reason for the extension and the estimated date by which a final determination will issue (which estimated date should not be later than the sixtieth day (excluding Saturdays, Sundays and holidays) after receipt of the appeal unless unusual circumstances, as described in \u00a7 16.5(a), are met).\n\n(h) If the appeal is determined in favor of the individual, the final determination shall include the specific corrections or amendments to be made and a copy thereof shall be transmitted promptly both to the individual and to the Privacy Act Officer who issued the initial denial. Upon receipt of such final determination, the Privacy Act Officer promptly shall take the actions set forth in \u00a7 16.9(a)(2)(i) and \u00a7 16.9(b).\n\n(i) If the appeal is denied, the final determination shall be transmitted promptly to the individual and shall state the reasons for the denial. The notice of final determination also shall inform the individual of the following information:\n\n(1) The right of the individual to file a concise statement of reasons for disagreeing with the final determination. The statement ordinarily should not exceed one page and the Department reserves the right to reject a statement of excessive length. Such a statement shall be filed with the Privacy Appeals Officer. It should identify the date of the final determination and be signed by the individual. The Privacy Appeals Officer shall acknowledge receipt of such statement and inform the individual of the date on which it was received;\n\n(2) The fact that any such disagreement statement filed by the individual will be noted in the disputed record and that a copy of the statement will be provided to persons and agencies to which the record is disclosed subsequent to the date of receipt of such statement;\n\n(3) The fact that prior recipients of the disputed record will be provided a copy of any statement of the dispute to the extent that an accounting of disclosures, as required by the Act, was made;\n\n(4) The fact that the Department will append to any such disagreement statement filed by the individual, a copy of the final determination or summary thereof which also will be provided to persons and agencies to which the disagreement statement is disclosed; and,\n\n(5) The right of the individual to judicial review of the final determination under 5 U.S.C. 552a(g)(1)(A), as limited by 5 U.S.C. 552a(g)(5).\n\n(j) In making the final determination, the Privacy Appeals Officer shall employ the criteria set forth in paragraph 16.9(c) and shall deny an appeal only on the grounds set forth in \u00a7 16.9(e).\n\n(k) If an appeal is partially granted and partially denied, the Privacy Appeals Officer shall follow the appropriate procedures of this section as to the records within the grant and the records within the denial.\n\n(l) Although a copy of the final determination or a summary thereof will be treated as part of the individual's record for purposes of disclosure in instances where the individual has filed a disagreement statement, it will not be subject to correction or amendment by the individual.\n\n(m) The provisions of \u00a7 16.3(b) (2) and (3) apply to the information obtained under paragraphs (e) and (i)(1) of this section."], ["24:24:1.1.1.1.13.0.25.11", 24, "Housing and Urban Development", "", "", "16", "PART 16\u2014IMPLEMENTATION OF THE PRIVACY ACT OF 1974", "", "", "", "\u00a7 16.11 Disclosure of record to person other than the individual to whom it pertains.", "HUD", "", "", "", "(a) The Department may disclose a record pertaining to an individual to a person other than the individual only in the following instances:\n\n(1) Upon written request by the individual, including authorization under \u00a7 16.5(e);\n\n(2) With the prior written consent of the individual;\n\n(3) To a parent or legal guardian under 5 U.S.C. 552a(h); and,\n\n(4) When required by the Act and not covered explicitly by the provisions of 5 U.S.C. 552a(b); and,\n\n(5) When permitted under 5 U.S.C. 552a(b) (1) through (11), which read as follows:\n\n(1) To those officers and employees of the agency which maintains the record who have a need for the record in the performance of their duties; \n \n (2) Required under section 552 of this title; \n \n (3) For a routine use as defined in subsection (a)(7) of this section and described under subsection (e)(4)(D) of this section; \n \n (4) To the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of title 13; \n \n (5) To a recipient who has provided the agency with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable; \n \n (6) To the National Archives of the United States as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, or for evaluation by the Administrator of General Services or his designee to determine whether the record has such value; \n \n (7) To another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the agency which maintains the record specifying the particular portion desired and the law enforcement activity for which the record is sought; \n \n (8) To a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual; \n \n (9) To either House of Congress, or, to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee of Congress or subcommittee of any such joint committee; \n \n (10) To the Comptroller General, or any of his authorized representatives, in the course of the performance of the duties of the General Accounting Office; or \n \n (11) Pursuant to the order of a court of competent jurisdiction.\n\n(1) To those officers and employees of the agency which maintains the record who have a need for the record in the performance of their duties;\n\n(2) Required under section 552 of this title;\n\n(3) For a routine use as defined in subsection (a)(7) of this section and described under subsection (e)(4)(D) of this section;\n\n(4) To the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of title 13;\n\n(5) To a recipient who has provided the agency with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable;\n\n(6) To the National Archives of the United States as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, or for evaluation by the Administrator of General Services or his designee to determine whether the record has such value;\n\n(7) To another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the agency which maintains the record specifying the particular portion desired and the law enforcement activity for which the record is sought;\n\n(8) To a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual;\n\n(9) To either House of Congress, or, to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee of Congress or subcommittee of any such joint committee;\n\n(10) To the Comptroller General, or any of his authorized representatives, in the course of the performance of the duties of the General Accounting Office; or\n\n(11) Pursuant to the order of a court of competent jurisdiction.\n\n(b) The situations referred to in paragraph (a)(4) of this section include the following:\n\n(1) 5 U.S.C. 552a(c)(4) requires dissemination of a corrected or amended record or notation of a disagreement statement by the Department in certain circumstances:\n\n(2) 5 U.S.C. 552(a)(g) authorizes civil action by an individual and requires disclosure by the Department or the court;\n\n(3) Section 5(e)(2) of the Act authorizes release of any records or information by the Department to the Privacy Protection Study Commission upon request of the Chairman; and\n\n(4) Section 6 of the Act authorizes the Office of Management and Budget to provide the Department with continuing oversight and assistance in implementation of the Act.\n\n(c) The Department shall make an accounting of each disclosure of any record contained in a system of records in accordance with 5 U.S.C. 552a(c) (1) and (2). Except for a disclosure made under 5 U.S.C. 552a(b)(7), the Privacy Act Officer shall make such accounting available to any individual, insofar as it pertains to that individual, on request submitted in accordance with \u00a7 16.4. The Privacy Act Officer shall make reasonable efforts to notify any individual when any record in a system of records is disclosed to any person under compulsory legal process, promptly upon being informed that such process has become a matter of public record."], ["24:24:1.1.1.1.13.0.25.12", 24, "Housing and Urban Development", "", "", "16", "PART 16\u2014IMPLEMENTATION OF THE PRIVACY ACT OF 1974", "", "", "", "\u00a7 16.12 Fees.", "HUD", "", "", "[40 FR 39729, Aug. 28, 1975, as amended at 42 FR 29479, June 9, 1977]", "(a) The only fees to be charged to or collected from an individual under the provisions of this part are for copying records at the request of the individual.\n\n(1) No fees shall be charged or collected for the following: Search for and retrieval of the records; review of the records; copying at the initiative of the Department without a request from the individual; transportation of records and personnel; and first class postage.\n\n(2) It is the policy of the Department to provide an individual with one copy of each record corrected or amended pursuant to his or her request without charge as evidence of the correction or amendment.\n\n(3) As requested by the United States Civil Service Commission in its published regulations implementing the Act, the Department will charge no fee to an individual who requests copies of a personnel record covered by that Commission's Government-wide published notice of systems of records. However, when such records are voluminous and the cost of copying would be in excess of five dollars ($5) the Department may, in its discretion, charge a fee.\n\n(b) The copying fees prescribed by paragraph (a) of this section are:\n\n$0.10 Each copy of each page, up to 8\n 1/2 \u2033 \u00d7 14\u2033 made by photocopy or similar process. \n \n $0.20 Each page of computer printout without regard to the number of carbon copies concurrently printed.\n\n$0.10 Each copy of each page, up to 8\n 1/2 \u2033 \u00d7 14\u2033 made by photocopy or similar process.\n\n$0.20 Each page of computer printout without regard to the number of carbon copies concurrently printed.\n\n(c) Payment of fees under this section shall be made in cash, or preferably by check or money order payable to the \u201cTreasurer of the United States.\u201d Payment shall be delivered or sent to the office stated in the billing notice or, if none is stated, to the Privacy Act Officer processing the request. Payment may be required in the form of a certified check in appropriate circumstances. Postage stamps will not be accepted.\n\n(d) A copying fee totaling $1 or less shall be waived, but the copying fees for contemporaneous requests by the same individual shall be aggregated to determine the total fee. A copying fee shall not be charged or collected, or alternatively, it may be reduced when such action is determined by the Privacy Act Officer to be in the public interest.\n\n(e) Special and additional services provided at the request of the individual, such as certification or authentication, postal insurance and special mailing arrangement costs, will be charged to the individual in accordance with other published regulations of the Department pursuant to statute (for example, 31 U.S.C. 433a).\n\n(f) This section applies only to individuals making requests under this part. All other persons shall remain subject to fees and charges prescribed by other and appropriate authorities."], ["24:24:1.1.1.1.13.0.25.13", 24, "Housing and Urban Development", "", "", "16", "PART 16\u2014IMPLEMENTATION OF THE PRIVACY ACT OF 1974", "", "", "", "\u00a7 16.13 Penalties.", "HUD", "", "", "", "(a) The Act provides, in pertinent part:\n\nAny person who knowingly and willfully requests or obtains any record concerning an individual from an agency under false pretences shall be guilty of a misdemeanor and fined not more than $5,000. (5 U.S.C. 552a(i)(3))\n\nAny person who knowingly and willfully requests or obtains any record concerning an individual from an agency under false pretences shall be guilty of a misdemeanor and fined not more than $5,000. (5 U.S.C. 552a(i)(3))\n\n(b) A person who falsely or fraudulently attempts to obtain records under the Act may also be subject to prosecution under such other criminal statutes as 18 U.S.C. 494, 495 and 1001."], ["24:24:1.1.1.1.13.0.25.14", 24, "Housing and Urban Development", "", "", "16", "PART 16\u2014IMPLEMENTATION OF THE PRIVACY ACT OF 1974", "", "", "", "\u00a7 16.14 General exemptions.", "HUD", "", "", "[40 FR 39729, Aug. 28, 1975, as amended at 49 FR 20486, May 15, 1984]", "(a) Individuals may not have access to records maintained by the Department but which were provided by another agency which has determined by regulation that such information is subject to general exemption under 5 U.S.C. 552a(j). If such exempt records are within a request for access, the Department will advise the individual of their existence and of the name and address of the source agency. For any further information concerning the record and the exemption, the individual must contact that source agency.\n\n(b) The Secretary of Housing and Urban Development has determined that the Office of the Assistant Inspector General for Investigation performs, as its principal function, activities pertaining to the enforcement of criminal laws. The records maintained by that office in a system identified as \u201cHUD/DEPT-24, Investigation Files,\u201d primarily consist of information compiled for the purpose of criminal investigations and are associated with identifiable individuals. Therefore, the Secretary has determined that this system of records shall be exempt, consistent with 5 U.S.C. 552a(j)(2), from all requirements of the Privacy Act except 5 U.S.C. 552a (b), (c) (1) and (2), (e)(4) (A) through (F), (e) (6), (7), (9), (10), and (11), and (i) unless elsewhere exempted."], ["24:24:1.1.1.1.13.0.25.15", 24, "Housing and Urban Development", "", "", "16", "PART 16\u2014IMPLEMENTATION OF THE PRIVACY ACT OF 1974", "", "", "", "\u00a7 16.15 Specific exemptions.", "HUD", "", "", "[42 FR 49810, Sept. 28, 1977, as amended at 59 FR 9407, Feb. 28, 1994]", "Whenever the Secretary of Housing and Urban Development determines it to be necessary and proper, with respect to any system of records maintained by the Department, to exercise the right to promulgate rules to exempt such systems in accordance with the provisions of 5 U.S.C. 552a(k), each specific exemption, including the parts of each system to be exempted, the provisions of the Act from which they are exempted, and the justification for each exemption shall be published in the  Federal Register  as part of the Department's Notice of Systems of Records.\n\n(a) Exempt under 5 U.S.C. 552a(k)(2) from the requirements of 5 U.S.C. 552a (c)(3), (d), (e)(1), (e)(4) (G), (H), (I), and (f). This exemption allows the Department to withhold records compiled for law enforcement purposes. The reasons for adopting this exemption are to prevent individuals, who are the subjects of investigation, from frustrating the investigatory process, to ensure the integrity of the investigatory process, to ensure the integrity of law enforcement activities, to prevent disclosure of investigative techniques, and to protect the confidentiality of sources of information. The names of systems correspond to those published in the  Federal Register  as part of the Department's Notice of Systems of Records.\n\n(1) HUD/DEPT-15. Equal Opportunity Housing Complaints.\n\n(2) HUD/DEPT-24. Investigation Files in the Office of the Inspector General.\n\n(3) HUD/DEPT-25. Legal Action Files.\n\n(b) Exempt under 5 U.S.C. 552(k)(5) from the requirements of 5 U.S.C. 552a (c)(3), (d), (e)(1), (e)(4), (G), (H), and (I), and (f). This exemption allows the Department to withhold records compiled solely for the purpose of determining suitability, eligibility, or qualifications for Federal contracts, or access to classified material. The reasons for adopting this exemption are to insure the proper functioning of the investigatory process, to insure effective determination of suitability, eligibility and qualification for employment and to protect the confidentiality of sources of information. The names of systems correspond to those published in the  Federal Register  as part of the Department's Notice of Systems of Records.\n\n(1) HUD/DEPT-24. Investigation Files in the Office of the Inspector General.\n\n(2) HUD/DEPT-25. Legal Action Files.\n\n(c) The system of records entitled \u201cHUD/PIH-1. Tenant Eligibility Verification Files\u201d consists in part of investigatory material compiled for law enforcement purposes. Relevant records will be used by appropriate Federal, state or local agencies charged with the responsibility for investigating or prosecuting violations of law. Therefore, to the extent that information in the system falls within the coverage of subsection (k)(2) of the Privacy Act, 5 U.S.C. 552a(k)(2), the system is exempt from the requirements of the following subsections of the Privacy Act, for the reasons stated below.\n\n(1) From subsection (c)(3) because release of an accounting of disclosures to an individual who may be the subject of an investigation could reveal the nature and scope of the investigation and could result in the altering or destruction of evidence, improper influencing of witnesses, and other evasive actions that could impede or compromise the investigation.\n\n(2) From subsection (d)(1) because release of the records to an individual who may become or has become the subject of an investigation could interfere with pending or prospective law enforcement proceedings, constitute an unwarranted invasion of the personal privacy of third parties, reveal the identity of confidential sources, or reveal sensitive investigative techniques and procedures.\n\n(3) From subsection (d)(2) because amendment or correction of the records could interfere with pending or prospective law enforcement proceedings, or could impose an impossible administrative and investigative burden by requiring the office that maintains the records to continuously retrograde its verifications of tenant eligibility attempting to resolve questions of accuracy, relevance, timeliness and completeness.\n\n(4) From subsection (e)(1) because it is often impossible to determine relevance or necessity of information in pre-investigative early stages. The value of such information is a question of judgment and timing; what appears relevant and necessary when collected may ultimately be evaluated and viewed as irrelevant and unnecessary to an investigation. In addition, the Assistant Secretary for Public and Indian Housing, or investigators, may obtain information concerning the violation of laws other than those within the scope of its jurisdiction. In the interest of effective law enforcement, the Assistant Secretary for Public and Indian Housing, or investigators, should retain this information because it may aid in establishing patterns of unlawful activity and provide leads for other law enforcement agencies. Further, in obtaining the evidence, information may be provided which relates to matters incidental to the main purpose of the inquiry or investigation but which may be pertinent to the investigative jurisdiction of another agency. Such information cannot readily be identified.\n\n(d) The system of records entitled \u201cHUD/PIH-1. Tenant Eligibility Verification Files\u201d consists in part of material that may be used for the purpose of determining suitability, eligibility, or qualifications for Federal civilian employment or Federal contracts, the release of which would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence. Therefore, to the extent that information in this system falls within the coverage of subsection (k)(5) of the Privacy Act, 5 U.S.C. 552a(k)(5), the system is exempt from the requirements of the following subsection of the Privacy Act, for the reasons stated below.\n\n(1) From subsection (d)(1) because release would reveal the identity of a source who furnished information to the Government under an express promise of confidentiality. Revealing the identity of a confidential source could impede future cooperation by sources, and could result in harassment or harm to such sources."], ["24:24:1.1.1.1.13.0.25.2", 24, "Housing and Urban Development", "", "", "16", "PART 16\u2014IMPLEMENTATION OF THE PRIVACY ACT OF 1974", "", "", "", "\u00a7 16.2 Definitions.", "HUD", "", "", "[40 FR 39729, Aug. 28, 1975, as amended at 41 FR 13917, Apr. 1, 1976; 61 FR 5204, Feb. 9, 1996; 83 FR 26361, June 7, 2018]", "(a) The definitions of 5 U.S.C. 552a apply in this part.\n\n(b) As used in this part:\n\n(1)  Act  means the  Privacy Act of 1974,  Pub. L. 93-579.\n\n(2)  Privacy Act Officer  means those officials, or their designees, who are authorized to receive and act upon inquiries, requests for access, and requests for correction or amendment.\n\n(3)  Privacy Appeals Officer  means the General Counsel.\n\n(4)  Inquiry  means a request by an individual that the Department determine whether it has any record in a system of records which pertains to that individual.\n\n(5)  Request for access  means a request by an individual or guardian to inspect and/or copy and/or obtain a copy of a record which is in a particular system of records and which pertains to that individual.\n\n(6)  Request for correction or amendment  means the request by an individual or guardian that the Department change (either by correction, addition or deletion) a particular record in a system of records which pertains to that individual.\n\n(7)  Appeal  means the request by an individual that an initial denial of a request for access or correction or amendment by that individual be reviewed and reversed."], ["24:24:1.1.1.1.13.0.25.3", 24, "Housing and Urban Development", "", "", "16", "PART 16\u2014IMPLEMENTATION OF THE PRIVACY ACT OF 1974", "", "", "", "\u00a7 16.3 Procedures for inquiries.", "HUD", "", "", "[40 FR 39729, Aug. 28, 1975, as amended at 83 FR 26361, June 7, 2018]", "(a) Any individual, regardless of age, may submit an inquiry to the Department. The inquiry should be made either in person at the office of, or by mail addressed to, the appropriate Privacy Act Officer. Although oral requests may be honored, a requester may be asked to submit his request in writing. The envelope containing the request and the letter itself should both clearly indicate that the subject is a \u201cPRIVACY ACT INQUIRY\u201d. If an individual believes the Department maintains a record pertaining to that individual but does not know which system of records might contain such a record and/or which organizational component of the Department maintains the system of records, assistance in person or by mail will be provided at the following address: Privacy Act Officer, Department of Housing and Urban Development, 451 7th St. SW, Room 10139, Washington, DC 20410.\n\n(b)(1) An inquiry should contain the following information:\n\n(i) Name, address and telephone number of the individual making the request;\n\n(ii) Name, address and telephone number of the individual to whom the record pertains, if the requesting individual is either the parent of a minor or the legal guardian of the individual to whom the record pertains;\n\n(iii) A certified or authenticated copy of documents establishing parentage or guardianship;\n\n(iv) Whether the individual to whom the record pertains is a citizen of the United States or an alien lawfully admitted for permanent residence in to the United States;\n\n(v) Name of the system of records, as published in the  Federal Register ;\n\n(vi) Location of the system of records, as published in the  Federal Register ;\n\n(vii) Such additional information as the individual knows will or believes might assist the Department in responding to the inquiry (for example, the individual's past or present relationship with the Department, e.g. mortgagor, contractor, employee, including relevant dates) and in verifying the individual's identity (for example, date of birth, place of birth, names of parents, place of work, dates of employment, position title, etc.);\n\n(viii) Date of inquiry; and,\n\n(ix) Individual's signature.\n\nThe Department reserves the right to require compliance with the identification procedures appearing at \u00a7 16.4(d) where circumstances warrant.\n\n(2) In compliance with 5 U.S.C. 552a (e)(3) each individual supplying the information in accordance with paragraph (b)(1) of this section hereby is informed that:\n\n(i) The authority authorizing solicitation of the information is 5 U.S.C. 552a, disclosure is voluntary, and no penalty is attached for failure to respond;\n\n(ii) The principal purpose for which the information is intended to be used is processing the inquiry under the Act;\n\n(iii) The routine uses which may be made of the information are the routine uses appearing as a prefatory statement to the Department's notice of systems of records published in the  Federal Register ; and,\n\n(iv) The effects of not providing all or any part of the information may delay, or in some cases make impossible, the Department's processing of the action on the request under the Act.\n\n(3) If, having been made aware of the contents of paragraph (b)(2) of this section, an individual submits the information listed in paragraph (b)(1) of this section, he or she will be deemed to have made the submission on a purely voluntary and consensual basis.\n\n(c) When an inquiry is misdirected by the requester, or not addressed as specified in paragraph (a) of this section, the Department official receiving same shall make reasonable effort to identify, and promptly refer it to, the appropriate Privacy Act Officer and the time of receipt for processing purposes will be the time when it is received by the Privacy Act Officer.\n\n(d) When an inquiry fails to provide necessary information as set forth in paragraph (b) of this section, the requester shall be advised that the time of receipt for processing purposes will be the time when the additional necessary information is received by the Privacy Act Officer.\n\n(e) Each inquiry received shall be acted upon promptly by the responsible Privacy Act Officer. Every effort will be made to respond within ten days (excluding Saturdays, Sundays and holidays) of the date of receipt. If a response cannot be made within ten days, the Privacy Act Officer shall send an acknowledgement during that period providing information on the status of the inquiry. The Privacy Act Officer may indicate that additional information would facilitate processing or that further information is necessary to process the inquiry."], ["24:24:1.1.1.1.13.0.25.4", 24, "Housing and Urban Development", "", "", "16", "PART 16\u2014IMPLEMENTATION OF THE PRIVACY ACT OF 1974", "", "", "", "\u00a7 16.4 Requests for access; requirements.", "HUD", "", "", "[40 FR 39729, Aug. 28, 1975, as amended at 83 FR 26361, June 7, 2018]", "(a) Any individual, regardless of age, may submit to the Department a request for access to records of the Department. The request should be made either in person at the Office of, or by mail addressed to, the responsible Privacy Act Officer. Although oral requests may be honored, a requester may be asked to submit his request in writing. The envelope containing the request and the letter itself should both clearly indicate that the subject is a PRIVACY ACT REQUEST FOR ACCESS TO RECORDS.\n\n(b) When a request for access to records is misdirected by the requester, or not addressed as specified in paragraph (a) of this section, the Department official receiving same shall promptly refer it to the appropriate Privacy Act Officer and the time of receipt for processing purposes will be the time when it is received by that official.\n\n(c) When a request for access to records fails to provide necessary information as set forth in paragraph (b) of this section the requester shall be advised that the time of receipt for processing purposes will be the time when the additional necessary information is received by the appropriate official.\n\n(d) The requirements for identification of individuals seeking access to records are as follows:\n\n(1)  In person.  Each individual making a request in person shall be required to present satisfactory proof of identity. The means of proof, in the order of preference and priority, are:\n\n(i) A document bearing the individual's photograph (for example, passport or military or civilian identification card);\n\n(ii) A document bearing the individual's signature (for example, driver's license, social security card, unemployment insurance book, employer's identification card, national credit card and professional, craft or union membership card); and\n\n(iii) A document bearing neither the photograph nor the signature of the individual (for example, a Medicaid card). In the event the individual can provide no suitable documentation of identity, the Department will require a signed statement asserting the individual's identity and stipulating that the individual understands the penalty provision of 5 U.S.C. 552a(i)(3). That penalty provision also appears at \u00a7 16.13(a). In order to avoid any unwarranted disclosure of an individual's records, the Department reserves the right to determine to its satisfaction whether proof of identity offered by any individual is adequate.\n\n(2)  Not in person.  If the individual making a request does not appear in person before a Privacy Act Officer, the information set forth in \u00a7 16.3(b)(1) and a certificate of a notary public or equivalent officer empowered to administer oaths must accompany the request. The certificate within or attached to the letter must be substantially in accord with the following text:\n\nCity of __________ \n \n County of __________:\n \n ss __________ (name of individual), who affixed (his) (her) signature below in my presence, came before me, a ________ (title), in and for the aforesaid County and State, this ______ day of ______, 19\u2014, and established (his) (her) identity to my satisfaction. \n \n My commission expires __________.\n \n __________________\n \n       (signature)\n\nCity of __________\n\nCounty of __________:\n\nss __________ (name of individual), who affixed (his) (her) signature below in my presence, came before me, a ________ (title), in and for the aforesaid County and State, this ______ day of ______, 19\u2014, and established (his) (her) identity to my satisfaction.\n\nMy commission expires __________.\n\n__________________\n\nIf the request follows inquiry under \u00a7 16.3, this should be indicated in the request for access in order to facilitate processing.\n\n(3)  Parents of minors and legal guardians.  An individual acting as the parent of a minor or the legal guardian of the individual to whom a record pertains shall establish his or her personal identity in the same manner prescribed in either paragraph (d) (1) or (2) of this section. In addition, such other individual shall establish his or her representative capacity of parent or legal guardian. In the case of the parent of a minor, the proof of identity shall be a certified or authenticated copy of the minor's birth certificate. In the case of a legal guardian of an individual who has been declared incompetent due to physical or mental incapacity or age by a court of competent jurisdiction, the proof of identity shall be a certified or authenticated copy of the court's order. A parent or legal guardian may act only for a living individual, not for a decedent. A parent or legal guardian may be accompanied during personal access to a record by another individual, provided the provisions of \u00a7 16.5(e) are satisfied.\n\n(e) When the provisions of this part are alleged to have the effect of impeding an individual in exercising his or her right to access, the Department will consider alternative suggestions from an individual making a request, regarding proof of identity and access to records.\n\n(f) An individual shall not be required to state a reason or otherwise justify his or her request for access to a record."], ["24:24:1.1.1.1.13.0.25.5", 24, "Housing and Urban Development", "", "", "16", "PART 16\u2014IMPLEMENTATION OF THE PRIVACY ACT OF 1974", "", "", "", "\u00a7 16.5 Disclosure of requested information to individuals.", "HUD", "", "", "", "(a) Each request received shall be acted upon promptly by the responsible Privacy Act Officer. Every effort will be made to respond within ten days (excluding Saturdays, Sundays and holidays) of the date of receipt. If a response cannot be made within ten days due to unusual circumstances, the Privacy Act Officer shall send an acknowledgement during that period providing information on the status of the request and asking for such further information as may be necessary to process the request.  Unusual circumstances  shall include circumstances where a search for and collection of requested records from inactive storage, field facilities or other establishments are required, cases where a voluminous amount of data is involved, instances where information on other individuals must be separated or expunged from the particular record, and cases where consultations with other agencies having a substantial interest in the determination of the request are necessary.\n\n(b)  Grant of access \u2014(1)  Notification.  An individual shall be granted access to a record pertaining to him or her, except where the provisions of \u00a7 16.6 apply. The Privacy Act Officer shall notify the individual of such determination and provide the following information:\n\n(i) The methods of access, as set forth in paragraph (b)(2) of this section;\n\n(ii) The place at which the record may be inspected;\n\n(iii) The earliest date on which the record may be inspected and the period of time that the records will remain available for inspection and/or the estimated date by which a copy of the record could be mailed and the estimate of fees pursuant to \u00a7 16.12;\n\n(iv) The fact that the individual, if he or she wishes, may be accompanied by another individual during personal access, subject to procedures set forth in paragraph (e) of this section; and\n\n(v) Any additional requirements needed to grant access to a specific record.\n\n(2)  Methods of access.  The following methods of access to records by an individual may be available depending on the circumstances of a given situation:\n\n(i) Inspection in person may be had in the office specified by the Privacy Act Officer granting access during hours indicated by the Privacy Act Officer;\n\n(ii) Transfer of records to a Federal facility more convenient to the individual may be arranged, but only if the Privacy Act Officer determines that a suitable facility is available, that the individual's access can be properly supervised at the facility, and that transmittal of the records to that facility will not unduly interfere with operations of the Department or involve unreasonable costs, in terms of both money and manpower; and\n\n(iii) Copies may be mailed at the request of the individual, subject to payment of the fees prescribed in \u00a7 16.12. The Department, at its own initiative, may elect to provide a copy by mail, in which case no fee will be charged the individual.\n\n(c) The Department shall supply such other information and assistance at the time of access as to make the record intelligible to the individual.\n\n(d) The Department reserves the right to limit access to copies and abstracts of original records, rather than the original records. This election would be appropriate, for example, when the record is in an automated data media such as tape or disc, when the record contains information on other individuals, and when deletion of information is permissible under exemptions (for example, 5 U.S.C. 552a(k)(2)). In no event shall original records of the Department be made available to the individual except under the immediate supervision of the Privacy Act Officer or his designee. It is a crime to conceal, mutilate, obliterate, or destroy any record filed in a public office, or to attempt to do any of the foregoing, Title 18, United States Code, 2701(a).\n\n(e) Any individual who requests access to a record pertaining to that individual may be accompanied by another individual of his or her choice.  Accompanied  includes discussion of the record in the presence of the other individual. The individual to whom the record pertains shall authorize the presence of the other individual by a signed and dated document which includes the name of the other individual and specifically describes the record to which access is sought. The other individual shall sign the authorization in the presence of the Privacy Act Officer. An individual shall not be required to state a reason or otherwise justify his or her decision to be accompanied by another individual during personal access to a record."], ["24:24:1.1.1.1.13.0.25.6", 24, "Housing and Urban Development", "", "", "16", "PART 16\u2014IMPLEMENTATION OF THE PRIVACY ACT OF 1974", "", "", "", "\u00a7 16.6 Initial denial of access.", "HUD", "", "", "[40 FR 39729, Aug. 28, 1975, as amended at 42 FR 20297, Apr. 19, 1977]", "(a)  Grounds.  Access by an individual to a record which pertains to that individual will be denied only upon a determination by the Privacy Act Officer that:\n\n(1) The record is subject to an exemption under \u00a7 16.14, \u00a7 16.15 or to an exemption determined by another agency noticing the system of records;\n\n(2) The record is information compiled in reasonable anticipation of a civil action or proceeding; or\n\n(3) The individual unreasonably has failed to comply with the procedural requirements of this part.\n\n(b)  Notification.  The Privacy Act Officer shall give notice of denial of access to records to the individual in writing and shall include the following information:\n\n(1) The Privacy Act Officer's name and title or position;\n\n(2) The date of the denial;\n\n(3) The reasons for the denial, including citation to the appropriate section of the Act and/or this part;\n\n(4) The individual's opportunities, if any, for further administrative consideration, including the identity and address of the appropriate Privacy Appeals Officer. If no further administrative consideration within the Department is available, the notice shall state that the denial is administratively final; and,\n\n(5) If stated to be administratively final; and, within the Department, the individual's right to judicial review under 5 U.S.C. 552a(g)(1), as amended by 5 U.S.C. 552a(g)(5)."], ["24:24:1.1.1.1.13.0.25.7", 24, "Housing and Urban Development", "", "", "16", "PART 16\u2014IMPLEMENTATION OF THE PRIVACY ACT OF 1974", "", "", "", "\u00a7 16.7 Administrative review of initial denial of access.", "HUD", "", "", "", "(a) Review shall be available only from a written denial of a request for access issued under \u00a7 16.6(a) (2) or (3) and only if a written request for review is filed within thirty calendar days after the issuance of the written denial.\n\n(b) A request for review shall be addressed to the Privacy Appeals Officer identified in the initial denial, which official is authorized to make final determinations. The envelope containing the request for review and the letter itself should both clearly indicate that the subject is a PRIVACY ACT REQUEST FOR REVIEW.\n\n(c) When a request for review is misdirected by the requester, or not addressed as specified in paragraph (b) of this section, the Department official receiving same shall promptly refer it to the Privacy Appeals Officer and the time of receipt for processing purposes will be the time when it is received by the appropriate official.\n\n(d) When a request for review fails to provide necessary information as set forth in paragraph (e) of this section, the requester shall be given reasonable opportunity to amend the request and shall be advised that the time of receipt for processing purposes will be the time when the additional necessary information is received by the appropriate official.\n\n(e) The filing of a request for review may be accomplished by mailing to the Privacy Appeals Officer a copy of the request for access, if in writing; a copy of the written denial issued under \u00a7 16.6; and a statement of the reasons why the initial denial is believed to be in error. The appeal shall be signed by the individual.\n\n(f) No hearing will be allowed in connection with administrative review of an initial denial of access.\n\n(g) The Privacy Appeals Officer shall act upon the appeal and issue a final determination in writing not later than thirty days (excluding Saturdays, Sundays and holidays) from the date on which the appeal is received; provided, that the Privacy Appeals officer may extend the thirty days upon deciding that a fair and equitable review cannot be made within that period, but only if the individual is advised in writing of the reason for the extension and the estimated date by which a final determination will issue, which estimated date should not be later than the sixtieth day (excluding Saturdays, Sundays and holidays) after receipt of the appeal unless there exist unusual circumstances, as described in \u00a7 16.5(a).\n\n(h) The decision after review will be in writing, will constitute final action of the Department on a request for access, and, if the denial of the request is in whole or part upheld, the Department shall notify the person making the request of his right to judicial review under 5 U.S.C. 552a(g)(1), as amended by 5 U.S.C. 552a(g)(5)."], ["24:24:1.1.1.1.13.0.25.8", 24, "Housing and Urban Development", "", "", "16", "PART 16\u2014IMPLEMENTATION OF THE PRIVACY ACT OF 1974", "", "", "", "\u00a7 16.8 Request for correction or amendment to record.", "HUD", "", "", "", "(a) Any individual, regardless of age, may submit to the Department a request for correction or amendment of a record pertaining to that individual. The request should be made either in person at the office of, or by mail addressed to, the Privacy Act Officer who processed the individual's request for access to the record. Although an oral request may be honored, a requester may be asked to submit his or her request in writing. The envelope containing the request and the letter itself should both clearly indicate that the subject is a PRIVACY ACT REQUEST FOR CORRECTION OR AMENDMENT.\n\n(b) When a request for correction or amendment is misdirected by the requester, or not addressed as specified in paragraph (a) of this section, the Department official receiving same shall make reasonable effort to identify, and promptly refer it to, the appropriate Privacy Act Officer and the time of receipt for processing purposes will be the time when it is received by the appropriate official.\n\n(c) When a request for correction or amendment fails to provide necessary information as set forth in paragraph (e) of this section, the requester shall be given reasonable opportunity to answer the request and shall be advised that the time of receipt for processing purposes will be the time when the additional necessary information is received by the appropriate official.\n\n(d) Since the request, in all cases, will follow a request for access under \u00a7 16.4, the individual's identity will be established by his or her signature on the request.\n\n(e) A request for correction or amendment should include the following:\n\n(1) A specific identification of the record sought to be corrected or amended (for example, description, title, date, paragraph, sentence, line and words);\n\n(2) The specific wording to be deleted, if any;\n\n(3) The specific wording to be inserted or added, if any, and the exact place at which it is to be inserted or added; and\n\n(4) A statement of the basis for the requested correction or amendment, with all available supporting documents and materials which substantiate the statement.\n\n(f) The provisions of \u00a7 16.3(b) (2) and (3) apply to the information obtained under paragraph (e) of this section."], ["24:24:1.1.1.1.13.0.25.9", 24, "Housing and Urban Development", "", "", "16", "PART 16\u2014IMPLEMENTATION OF THE PRIVACY ACT OF 1974", "", "", "", "\u00a7 16.9 Agency procedures upon request for correction or amendment of record.", "HUD", "", "", "", "(a)(1) Not later than ten days (excluding Saturdays, Sundays and holidays) after receipt of a request to correct or amend a record, the Privacy Act Officer shall send an acknowledgment providing an estimate of time within which action will be taken on the request and asking for such further information as may be necessary to process the request. The estimate of time may take into account unusual circumstances as described in \u00a7 16.5(a). No acknowledgment will be sent if the request can be reviewed, processed, and the individual notified of the results of review (either compliance or denial) within the ten days. Requests filed in person will be acknowledged at the time submitted.\n\n(2) Promptly after acknowledging receipt of a request, or after receiving such further information as might have been requested, or after arriving at a decision within the time prescribed in \u00a7 16.9(a)(1), the Privacy Act Officer shall either:\n\n(i) Make the requested correction or amendment and advise the individual in writing of such action, providing either a copy of the corrected or amended record or a statement as to the means whereby the correction or amendment was effected in cases where a copy cannot be provided; or,\n\n(ii) Inform the individual in writing that his or her request is denied and provide the following information:\n\n(A) The Privacy Act Officer's name and title and position;\n\n(B) The date of the denial;\n\n(C) The reasons for the denial, including citation to the appropriate sections of the Act and this part; and,\n\n(D) The procedures for appeal of the denial as set forth in \u00a7 16.10, including the name and address of the Privacy Appeals Officer. The term  promptly  in this \u00a7 16.9 means within thirty days (excluding Saturdays, Sundays and holidays). If the Privacy Act Officer cannot make the determination within thirty days, the individual will be advised in writing of the reason therefor and of the estimated date by which the determination will be made.\n\n(b) Whenever an individual's record is corrected or amended pursuant to a request by that individual, the Privacy Act Officer shall see to the notification of all persons and agencies to which the corrected or amended portion of the record had been disclosed prior to its correction or amendment, if an accounting of such disclosure was made as required by the Act. The notification shall require a recipient agency maintaining the record to acknowledge receipt of the notification, to correct or amend the record and to appraise any agency or person to which it had disclosed the record of the substance of the correction or amendment.\n\n(c) The following criteria will be considered by the Privacy Act Officer in reviewing a request for correction or amendment:\n\n(1) The sufficiency of the evidence submitted by the individual;\n\n(2) The factual accuracy of the information;\n\n(3) The relevance and necessity of the information in terms of the purpose for which it was collected;\n\n(4) The timeliness and currency of the information in terms of the purpose for which it was collected:\n\n(5) The completeness of the information in terms of the purpose for which it was collected:\n\n(6) The possibility that denial of the request could unfairly result in determinations adverse to the individual;\n\n(7) The character of the record sought to be corrected or amended; and\n\n(8) The propriety and feasibility of complying with the specific means of correction or amendment requested by the individual.\n\n(d) The Department will not undertake to gather evidence for the individual, but does reserve the right to verify the evidence which the individual submits.\n\n(e) Correction or amendment of a record requested by an individual will be denied only upon a determination by the Privacy Act Officer that:\n\n(1) There has been a failure to establish, by the evidence presented, the propriety of the correction or amendment in light of the criteria set forth in paragraph (c) of this section;\n\n(2) The record sought to be corrected or amended was compiled in a terminated judicial, quasi-judicial, legislative or quasi-legislative proceeding to which the individual was a party or participant;\n\n(3) The information in the record sought to be corrected or amended, or the record sought to be corrected or amended, is the subject of a pending judicial, quasi-judicial or quasi-legislative proceeding to which the individual is a party or participant;\n\n(4) The correction or amendment would violate a duly enacted statute or promulgated regulation; or,\n\n(5) The individual unreasonably has failed to comply with the procedural requirements of this part.\n\n(f) If a request is partially granted and partially denied, the Privacy Act Officer shall follow the appropriate procedures of this section as to the records within the grant and the records within the denial."], ["28:28:1.0.1.1.17.1.4.1", 28, "Judicial Administration", "I", "", "16", "PART 16\u2014PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION", "A", "Subpart A\u2014Procedures for Disclosure of Records Under the Freedom of Information Act", "", "\u00a7 16.1 General provisions.", "DOJ", "", "", "[AG Order No. 3517-2015, 80 FR 18106, Apr. 3, 2015, as amended by AG Order 3803-2016, 82 FR 727, Jan. 4, 2017]", "(a) This subpart contains the rules that the Department of Justice follows in processing requests for records under the Freedom of Information Act (\u201cFOIA\u201d), 5 U.S.C. 552. The rules in this subpart should be read in conjunction with the text of the FOIA and the Uniform Freedom of Information Fee Schedule and Guidelines published by the Office of Management and Budget (\u201cOMB Guidelines\u201d). Additionally, the Department's \u201cFOIA Reference Guide\u201d and its attachments contain information about the specific procedures particular to the Department with respect to making FOIA requests and descriptions of the types of records maintained by different Department components. This resource is available at  http://www.justice.gov/oip/04_3.html.  Requests made by individuals for records about themselves under the Privacy Act of 1974, 5 U.S.C. 552a, are processed under subpart D of part 16 as well as under this subpart.\n\n(b) As referenced in this subpart, component means each separate bureau, office, division, commission, service, center, or administration that is designated by the Department as a primary organizational entity.\n\n(c) The Department has a decentralized system for processing requests, with each component handling requests for its records."], ["28:28:1.0.1.1.17.1.4.10", 28, "Judicial Administration", "I", "", "16", "PART 16\u2014PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION", "A", "Subpart A\u2014Procedures for Disclosure of Records Under the Freedom of Information Act", "", "\u00a7 16.10 Fees.", "DOJ", "", "", "[AG Order No. 3517-2015, 80 FR 18106, Apr. 3, 2015, as amended by AG Order 3803-2016, 82 FR 728, Jan. 4, 2017]", "(a)  In general.  Components shall charge for processing requests under the FOIA in accordance with the provisions of this section and with the OMB Guidelines. In order to resolve any fee issues that arise under this section, a component may contact a requester for additional information. Components shall ensure that searches, review, and duplication are conducted in the most efficient and the least expensive manner. A component ordinarily will collect all applicable fees before sending copies of records to a requester. Requesters must pay fees by check or money order made payable to the Treasury of the United States.\n\n(b)  Definitions.  For purposes of this section:\n\n(1)  Commercial use request  is a request that asks for information for a use or a purpose that furthers a commercial, trade, or profit interest, which can include furthering those interests through litigation. A component's decision to place a requester in the commercial use category will be made on a case-by-case basis based on the requester's intended use of the information.\n\n(2)  Direct costs  are those expenses that an agency incurs in searching for and duplicating (and, in the case of commercial use requests, reviewing) records in order to respond to a FOIA request. For example, direct costs include the salary of the employee performing the work ( i.e.,  the basic rate of pay for the employee, plus 16 percent of that rate to cover benefits) and the cost of operating computers and other electronic equipment, such as photocopiers and scanners. Direct costs do not include overhead expenses such as the costs of space, and of heating or lighting a facility.\n\n(3)  Duplication  is reproducing a copy of a record, or of the information contained in it, necessary to respond to a FOIA request. Copies can take the form of paper, audiovisual materials, or electronic records, among others.\n\n(4)  Educational institution  is any school that operates a program of scholarly research. A requester in this fee category must show that the request is made in connection with the requester's role at the educational institution. Components may seek assurance from the requester that the request is in furtherance of scholarly research and will advise requesters of their placement in this category.\n\n(5)  Noncommercial scientific institution  is an institution that is not operated on a \u201ccommercial\u201d basis, as defined in paragraph (b)(1) of this section and that is operated solely for the purpose of conducting scientific research the results of which are not intended to promote any particular product or industry. A requester in this category must show that the request is authorized by and is made under the auspices of a qualifying institution and that the records are sought to further scientific research and are not for a commercial use.\n\n(6)  Representative of the news media  is any person or entity that actively gathers information of potential interest to a segment of the public, uses its editorial skills to turn the raw materials into a distinct work, and distributes that work to an audience. The term \u201cnews\u201d means information that is about current events or that would be of current interest to the public. Examples of news media entities include television or radio stations that broadcast \u201cnews\u201d to the public at large and publishers of periodicals that disseminate \u201cnews\u201d and make their products available through a variety of means to the general public, including news organizations that disseminate solely on the Internet. A request for records supporting the news-dissemination function of the requester shall not be considered to be for a commercial use. \u201cFreelance\u201d journalists who demonstrate a solid basis for expecting publication through a news media entity shall be considered as a representative of the news media. A publishing contract would provide the clearest evidence that publication is expected; however, components shall also consider a requester's past publication record in making this determination.\n\n(7)  Review  is the examination of a record located in response to a request in order to determine whether any portion of it is exempt from disclosure. Review time includes processing any record for disclosure, such as doing all that is necessary to prepare the record for disclosure, including the process of redacting the record and marking the appropriate exemptions. Review costs are properly charged even if a record ultimately is not disclosed. Review time also includes time spent both obtaining and considering any formal objection to disclosure made by a confidential commercial information submitter under \u00a7 16.7, but it does not include time spent resolving general legal or policy issues regarding the application of exemptions.\n\n(8)  Search  is the process of looking for and retrieving records or information responsive to a request. Search time includes page-by-page or line-by-line identification of information within records and the reasonable efforts expended to locate and retrieve information from electronic records.\n\n(c)  Charging fees.  In responding to FOIA requests, components shall charge the following fees unless a waiver or reduction of fees has been granted under paragraph (k) of this section. Because the fee amounts provided below already account for the direct costs associated with a given fee type, components should not add any additional costs to charges calculated under this section.\n\n(1)  Search.  (i) Requests made by educational institutions, noncommercial scientific institutions, or representatives of the news media are not subject to search fees. Search fees shall be charged for all other requesters, subject to the restrictions of paragraph (d) of this section. Components may properly charge for time spent searching even if they do not locate any responsive records or if they determine that the records are entirely exempt from disclosure.\n\n(ii) For each quarter hour spent by personnel searching for requested records, including electronic searches that do not require new programming, the fees shall be as follows: professional\u2014$10.00; and clerical/administrative\u2014$4.75.\n\n(iii) Requesters shall be charged the direct costs associated with conducting any search that requires the creation of a new computer program to locate the requested records. Requesters shall be notified of the costs associated with creating such a program and must agree to pay the associated costs before the costs may be incurred.\n\n(iv) For requests that require the retrieval of records stored by an agency at a Federal records center operated by the National Archives and Records Administration (NARA), additional costs shall be charged in accordance with the Transactional Billing Rate Schedule established by NARA.\n\n(2)  Duplication.  Duplication fees shall be charged to all requesters, subject to the restrictions of paragraph (d) of this section. A component shall honor a requester's preference for receiving a record in a particular form or format where it is readily reproducible by the component in the form or format requested. Where photocopies are supplied, the component shall provide one copy per request at a cost of five cents per page. For copies of records produced on tapes, disks, or other media, components shall charge the direct costs of producing the copy, including operator time. Where paper documents must be scanned in order to comply with a requester's preference to receive the records in an electronic format, the requester shall pay the direct costs associated with scanning those materials. For other forms of duplication, components shall charge the direct costs.\n\n(3)  Review.  Review fees shall be charged to requesters who make commercial use requests. Review fees shall be assessed in connection with the initial review of the record,  i.e.,  the review conducted by a component to determine whether an exemption applies to a particular record or portion of a record. No charge will be made for review at the administrative appeal stage of exemptions applied at the initial review stage. However, if a particular exemption is deemed to no longer apply, any costs associated with a component's re-review of the records in order to consider the use of other exemptions may be assessed as review fees. Review fees shall be charged at the same rates as those charged for a search under paragraph (c)(1)(ii) of this section.\n\n(d)  Restrictions on charging fees.  (1) No search fees will be charged for requests by educational institutions (unless the records are sought for a commercial use), noncommercial scientific institutions, or representatives of the news media.\n\n(2) If a component fails to comply with the FOIA's time limits in which to respond to a request, it may not charge search fees, or, in the instances of requests from requesters described in paragraph (d)(1) of this section, may not charge duplication fees, except as described in paragraphs (d)(2)(i) through (iii) of this section.\n\n(i) If a component has determined that unusual circumstances as defined by the FOIA apply and the agency provided timely written notice to the requester in accordance with the FOIA, a failure to comply with the time limit shall be excused for an additional 10 days.\n\n(ii) If a component has determined that unusual circumstances as defined by the FOIA apply, and more than 5,000 pages are necessary to respond to the request, the component may charge search fees, or, in the case of requesters described in paragraph (d)(1) of this section, may charge duplication fees if the following steps are taken. The component must have provided timely written notice of unusual circumstances to the requester in accordance with the FOIA and the component must have discussed with the requester via written mail, email, or telephone (or made not less than three good-faith attempts to do so) how the requester could effectively limit the scope of the request in accordance with 5 U.S.C. 552(a)(6)(B)(ii). If this exception is satisfied, the component may charge all applicable fees incurred in the processing of the request.\n\n(iii) If a court has determined that exceptional circumstances exist as defined by the FOIA, a failure to comply with the time limits shall be excused for the length of time provided by the court order.\n\n(3) No search or review fees will be charged for a quarter-hour period unless more than half of that period is required for search or review.\n\n(4) Except for requesters seeking records for a commercial use, components shall provide without charge:\n\n(i) The first 100 pages of duplication (or the cost equivalent for other media); and\n\n(ii) The first two hours of search.\n\n(5) When, after first deducting the 100 free pages (or its cost equivalent) and the first two hours of search, a total fee calculated under paragraph (c) of this section is $25.00 or less for any request, no fee will be charged.\n\n(e)  Notice of anticipated fees in excess of $25.00.  (1) When a component determines or estimates that the fees to be assessed in accordance with this section will exceed $25.00, the component shall notify the requester of the actual or estimated amount of the fees, including a breakdown of the fees for search, review or duplication, unless the requester has indicated a willingness to pay fees as high as those anticipated. If only a portion of the fee can be estimated readily, the component shall advise the requester accordingly. If the requester is a noncommercial use requester, the notice shall specify that the requester is entitled to the statutory entitlements of 100 pages of duplication at no charge and, if the requester is charged search fees, two hours of search time at no charge, and shall advise the requester whether those entitlements have been provided.\n\n(2) In cases in which a requester has been notified that the actual or estimated fees are in excess of $25.00, the request shall not be considered received and further work will not be completed until the requester commits in writing to pay the actual or estimated total fee, or designates some amount of fees the requester is willing to pay, or in the case of a noncommercial use requester who has not yet been provided with the requester's statutory entitlements, designates that the requester seeks only that which can be provided by the statutory entitlements. The requester must provide the commitment or designation in writing, and must, when applicable, designate an exact dollar amount the requester is willing to pay. Components are not required to accept payments in installments.\n\n(3) If the requester has indicated a willingness to pay some designated amount of fees, but the component estimates that the total fee will exceed that amount, the component shall toll the processing of the request when it notifies the requester of the estimated fees in excess of the amount the requester has indicated a willingness to pay. The component shall inquire whether the requester wishes to revise the amount of fees the requester is willing to pay or modify the request. Once the requester responds, the time to respond will resume from where it was at the date of the notification.\n\n(4) Components shall make available their FOIA Public Liaison or other FOIA professional to assist any requester in reformulating a request to meet the requester's needs at a lower cost.\n\n(f)  Charges for other services.  Although not required to provide special services, if a component chooses to do so as a matter of administrative discretion, the direct costs of providing the service shall be charged. Examples of such services include certifying that records are true copies, providing multiple copies of the same document, or sending records by means other than first class mail.\n\n(g)  Charging interest.  Components may charge interest on any unpaid bill starting on the 31st day following the date of billing the requester. Interest charges shall be assessed at the rate provided in 31 U.S.C. 3717 and will accrue from the billing date until payment is received by the component. Components shall follow the provisions of the Debt Collection Act of 1982 (Pub. L. 97-365, 96 Stat. 1749), as amended, and its administrative procedures, including the use of consumer reporting agencies, collection agencies, and offset.\n\n(h)  Aggregating requests.  When a component reasonably believes that a requester or a group of requesters acting in concert is attempting to divide a single request into a series of requests for the purpose of avoiding fees, the component may aggregate those requests and charge accordingly. Components may presume that multiple requests of this type made within a 30-day period have been made in order to avoid fees. For requests separated by a longer period, components will aggregate them only where there is a reasonable basis for determining that aggregation is warranted in view of all the circumstances involved. Multiple requests involving unrelated matters shall not be aggregated.\n\n(i)  Advance payments.  (1) For requests other than those described in paragraphs (i)(2) or (i)(3) of this section, a component shall not require the requester to make an advance payment before work is commenced or continued on a request. Payment owed for work already completed ( i.e.,  payment before copies are sent to a requester) is not an advance payment.\n\n(2) When a component determines or estimates that a total fee to be charged under this section will exceed $250.00, it may require that the requester make an advance payment up to the amount of the entire anticipated fee before beginning to process the request. A component may elect to process the request prior to collecting fees when it receives a satisfactory assurance of full payment from a requester with a history of prompt payment.\n\n(3) Where a requester has previously failed to pay a properly charged FOIA fee to any component or agency within 30 calendar days of the billing date, a component may require that the requester pay the full amount due, plus any applicable interest on that prior request, and the component may require that the requester make an advance payment of the full amount of any anticipated fee before the component begins to process a new request or continues to process a pending request or any pending appeal. Where a component has a reasonable basis to believe that a requester has misrepresented the requester's identity in order to avoid paying outstanding fees, it may require that the requester provide proof of identity.\n\n(4) In cases in which a component requires advance payment, the request shall not be considered received and further work will not be completed until the required payment is received. If the requester does not pay the advance payment within 30 calendar days after the date of the component's fee determination, the request will be closed.\n\n(j)  Other statutes specifically providing for fees.  The fee schedule of this section does not apply to fees charged under any statute that specifically requires an agency to set and collect fees for particular types of records. In instances where records responsive to a request are subject to a statutorily-based fee schedule program, the component shall inform the requester of the contact information for that program.\n\n(k)  Requirements for waiver or reduction of fees.  (1) Requesters may seek a waiver of fees by submitting a written application demonstrating how disclosure of the requested information is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in the commercial interest of the requester.\n\n(2) A component must furnish records responsive to a request without charge or at a reduced rate when it determines, based on all available information, that disclosure of the requested information is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in the commercial interest of the requester. In deciding whether this standard is satisfied the component must consider the factors described in paragraphs (k)(2)(i) through (iii) of this section:\n\n(i) Disclosure of the requested information would shed light on the operations or activities of the government. The subject of the request must concern identifiable operations or activities of the Federal Government with a connection that is direct and clear, not remote or attenuated.\n\n(ii) Disclosure of the requested information would be likely to contribute significantly to public understanding of those operations or activities. This factor is satisfied when the following criteria are met:\n\n(A) Disclosure of the requested records must be meaningfully informative about government operations or activities. The disclosure of information that already is in the public domain, in either the same or a substantially identical form, would not be meaningfully informative if nothing new would be added to the public's understanding.\n\n(B) The disclosure must contribute to the understanding of a reasonably broad audience of persons interested in the subject, as opposed to the individual understanding of the requester. A requester's expertise in the subject area as well as the requester's ability and intention to effectively convey information to the public must be considered. Components will presume that a representative of the news media will satisfy this consideration.\n\n(iii) The disclosure must not be primarily in the commercial interest of the requester. To determine whether disclosure of the requested information is primarily in the commercial interest of the requester, components will consider the following criteria:\n\n(A) Components must identify whether the requester has any commercial interest that would be furthered by the requested disclosure. A commercial interest includes any commercial, trade, or profit interest. Requesters must be given an opportunity to provide explanatory information regarding this consideration.\n\n(B) If there is an identified commercial interest, the component must determine whether that is the primary interest furthered by the request. A waiver or reduction of fees is justified when the requirements of paragraphs (k)(2)(i) and (ii) of this section are satisfied and any commercial interest is not the primary interest furthered by the request. Components ordinarily will presume that when a news media requester has satisfied the requirements of paragraphs (k)(2)(i) and (ii) of this section, the request is not primarily in the commercial interest of the requester. Disclosure to data brokers or others who merely compile and market government information for direct economic return will not be presumed to primarily serve the public interest.\n\n(3) Where only some of the records to be released satisfy the requirements for a waiver of fees, a waiver shall be granted for those records.\n\n(4) Requests for a waiver or reduction of fees should be made when the request is first submitted to the component and should address the criteria referenced above. A requester may submit a fee waiver request at a later time so long as the underlying record request is pending or on administrative appeal. When a requester who has committed to pay fees subsequently asks for a waiver of those fees and that waiver is denied, the requester shall be required to pay any costs incurred up to the date the fee waiver request was received."], ["28:28:1.0.1.1.17.1.4.11", 28, "Judicial Administration", "I", "", "16", "PART 16\u2014PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION", "A", "Subpart A\u2014Procedures for Disclosure of Records Under the Freedom of Information Act", "", "\u00a7 16.11 Other rights and services.", "DOJ", "", "", "", "Nothing in this subpart shall be construed to entitle any person, as of right, to any service or to the disclosure of any record to which such person is not entitled under the FOIA."], ["28:28:1.0.1.1.17.1.4.2", 28, "Judicial Administration", "I", "", "16", "PART 16\u2014PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION", "A", "Subpart A\u2014Procedures for Disclosure of Records Under the Freedom of Information Act", "", "\u00a7 16.2 Proactive disclosure of Department records.", "DOJ", "", "", "[AG Order No. 3517-2015, 80 FR 18106, Apr. 3, 2015, as amended by AG Order 3803-2016, 82 FR 727, Jan. 4, 2017]", "Records that are required by the FOIA to be made available for public inspection in an electronic format may be accessed through the Department's Web site at  http://justice.gov/oip/04_2.html.  Each component is responsible for determining which of its records are required to be made publicly available, as well as identifying additional records of interest to the public that are appropriate for public disclosure, and for posting and indexing such records. Each component shall ensure that its Web site of posted records and indices is reviewed and updated on an ongoing basis. Each component has a FOIA Public Liaison who can assist individuals in locating records particular to a component. A list of the Department's FOIA Public Liaisons is available at  http://www.justice.gov/oip/foiacontact/index-list.html."]], "truncated": false, "filtered_table_rows_count": 299, "expanded_columns": [], "expandable_columns": [], "columns": ["section_id", "title_number", "title_name", "chapter", "subchapter", "part_number", "part_name", "subpart", "subpart_name", "section_number", "section_heading", "agency", "authority", "source_citation", "amendment_citations", "full_text"], "primary_keys": ["section_id"], "units": {}, "query": {"sql": "select section_id, title_number, title_name, chapter, subchapter, part_number, part_name, subpart, subpart_name, section_number, section_heading, agency, authority, source_citation, amendment_citations, full_text from cfr_sections where \"part_number\" = :p0 order by section_id limit 101", "params": {"p0": "16"}}, "facet_results": {"title_number": {"name": "title_number", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=16", "results": [{"value": 28, "label": 28, "count": 95, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=16&title_number=28", "selected": false}, {"value": 14, "label": 14, "count": 47, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=16&title_number=14", "selected": false}, {"value": 38, "label": 38, "count": 23, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=16&title_number=38", "selected": false}, {"value": 29, "label": 29, "count": 20, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=16&title_number=29", "selected": false}, {"value": 44, "label": 44, "count": 19, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=16&title_number=44", "selected": false}, {"value": 46, "label": 46, "count": 17, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=16&title_number=46", "selected": false}, {"value": 21, "label": 21, "count": 15, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=16&title_number=21", "selected": false}, {"value": 24, "label": 24, "count": 15, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=16&title_number=24", "selected": false}, {"value": 10, "label": 10, "count": 13, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=16&title_number=10", "selected": false}, {"value": 40, "label": 40, "count": 12, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=16&title_number=40", "selected": false}, {"value": 50, "label": 50, "count": 11, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=16&title_number=50", "selected": false}, {"value": 7, "label": 7, "count": 6, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=16&title_number=7", "selected": false}, {"value": 17, "label": 17, "count": 6, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=16&title_number=17", "selected": false}], "truncated": false}, "agency": {"name": "agency", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=16", "results": [{"value": "DOJ", "label": "DOJ", "count": 95, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=16&agency=DOJ", "selected": false}, {"value": "FAA", "label": "FAA", "count": 47, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=16&agency=FAA", "selected": false}, {"value": "VA", "label": "VA", "count": 23, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=16&agency=VA", "selected": false}, {"value": "DOL", "label": "DOL", "count": 20, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=16&agency=DOL", "selected": false}, {"value": "FEMA", "label": "FEMA", "count": 19, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=16&agency=FEMA", "selected": false}, {"value": "USCG", "label": "USCG", "count": 17, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=16&agency=USCG", "selected": false}, {"value": "FDA", "label": "FDA", "count": 15, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=16&agency=FDA", "selected": false}, {"value": "HUD", "label": "HUD", "count": 15, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=16&agency=HUD", "selected": false}, {"value": "NRC", "label": "NRC", "count": 13, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=16&agency=NRC", "selected": false}, {"value": "EPA", "label": "EPA", "count": 12, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=16&agency=EPA", "selected": false}, {"value": "FWS", "label": "FWS", "count": 11, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=16&agency=FWS", "selected": false}, {"value": "CFTC", "label": "CFTC", "count": 6, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=16&agency=CFTC", "selected": false}, {"value": "USDA", "label": "USDA", "count": 6, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=16&agency=USDA", "selected": false}], "truncated": false}, "part_number": {"name": "part_number", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=16", "results": [{"value": "16", "label": "16", "count": 299, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json", "selected": true}], "truncated": false}}, "suggested_facets": [{"name": "title_name", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=16&_facet=title_name"}, {"name": "chapter", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=16&_facet=chapter"}, {"name": "subchapter", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=16&_facet=subchapter"}, {"name": "part_name", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=16&_facet=part_name"}, {"name": "subpart", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=16&_facet=subpart"}], "next": "28~3A28~3A1~2E0~2E1~2E1~2E17~2E1~2E4~2E2,28~3A28~3A1~2E0~2E1~2E1~2E17~2E1~2E4~2E2", "next_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=16&_next=28~3A28~3A1~2E0~2E1~2E1~2E17~2E1~2E4~2E2%2C28~3A28~3A1~2E0~2E1~2E1~2E17~2E1~2E4~2E2&_sort=section_id", "private": false, "allow_execute_sql": true, "query_ms": 1186.2668859539554, "source": "Federal Register API & Regulations.gov API", "source_url": "https://www.federalregister.gov/developers/api/v1", "license": "Public Domain (U.S. Government data)", "license_url": "https://www.regulations.gov/faq"}