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Federal Register / Vol. 86, No. 188 / Friday, October 1, 2021 / Rules and Regulations under 13.233, and if the motion was filed within the time allowed for the filing of a notice of appeal, the FAA
decisionmaker will issue a briefing schedule, as provided in 13.218.
e Order assessing civil penalty.
Unless appealed pursuant to 13.233, the initial decision issued by the administrative law judge is considered an order assessing civil penalty if the administrative law judge finds that an alleged violation occurred and determines that a civil penalty, in an amount found appropriate by the administrative law judge, is warranted.
The administrative law judge may not assess a civil penalty exceeding the amount sought in the complaint.
13.233

Appeal from initial decision.

a Notice of appeal. A party may appeal the administrative law judges initial decision, and any decision not previously appealed to the FAA
decisionmaker on interlocutory appeal pursuant to 13.219, by filing a notice of appeal in accordance with 13.210
no later than 10 days after entry of the oral initial decision on the record or service of the written initial decision on the parties. The party must serve a copy of the notice of appeal on each party in accordance with 13.211. A party is not required to serve any documents under 13.233 on the administrative law judge.
b Issues on appeal. In any appeal from a decision of an administrative law judge, the FAA decisionmaker considers only the following issues:
1 Whether each finding of fact is supported by a preponderance of reliable, probative, and substantial evidence;
2 Whether each conclusion of law is made in accordance with applicable law, precedent, and public policy; and 3 Whether the administrative law judge committed any prejudicial errors.
c Perfecting an appeal. Except as follows in paragraphs c1 and 2 of this section, a party must perfect an appeal to the FAA decisionmaker no later than 50 days after entry of the oral initial decision on the record or service of the written initial decision on the parties by filing an appeal brief in accordance with 13.210 and serving a copy on every other party in accordance with 13.211.
1 Extension of time by agreement of the parties. The parties may agree to extend the time for perfecting the appeal with the consent of the FAA
decisionmaker. If the FAA
decisionmaker grants an extension of time to perfect the appeal, the FAA
decisionmaker must serve a letter
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confirming the extension of time on each party.
2 Written motion for extension. If the parties do not agree to an extension of time for perfecting an appeal, a party desiring an extension of time may file a written motion for an extension in accordance with 13.210 and must serve a copy of the motion on each party under 13.211. Any party may file a written response to the motion for extension no later than 10 days after service of the motion. The FAA
decisionmaker may grant an extension if good cause for the extension is shown in the motion.
d Appeal briefs. A party must file the appeal brief in accordance with 13.210 and must serve a copy of the appeal brief on each party in accordance with 13.211.
1 A party must set forth, in detail, the partys specific objections to the initial decision or rulings in the appeal brief. A party also must set forth, in detail, the basis for the appeal, the reasons supporting the appeal, and the relief requested in the appeal. If the party relies on evidence contained in the record for the appeal, the party must specifically refer to the pertinent evidence contained in the transcript in the appeal brief.
2 The FAA decisionmaker may dismiss an appeal, on the FAA
decisionmakers own initiative or upon motion of any other party, where a party has filed a notice of appeal but fails to perfect the appeal by timely filing an appeal brief with the FAA
decisionmaker.
e Reply brief. Except as follows in paragraphs e1 and 2 of this section, any party may file a reply brief in accordance with 13.210 not later than 35 days after the appeal brief has been served on that party. The party filing the reply brief must serve a copy of the reply brief on each party in accordance with 13.211. If the party relies on evidence contained in the record for the reply, the party must specifically refer to the pertinent evidence contained in the transcript in the reply brief.
1 Extension of time by agreement of the parties. The parties may agree to extend the time for filing a reply brief with the consent of the FAA
decisionmaker. If the FAA
decisionmaker grants an extension of time to file the reply brief, the FAA
decisionmaker must serve a letter confirming the extension of time on each party.
2 Written motion for extension. If the parties do not agree to an extension of time for filing a reply brief, a party desiring an extension of time may file a written motion for an extension in
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accordance with 13.210 and must serve a copy of the motion on each party in accordance with 13.211. Any party choosing to respond to the motion must file and serve a written response to the motion no later than 10 days after service of the motion The FAA
decisionmaker may grant an extension if good cause for the extension is shown in the motion.
f Other briefs. The FAA
decisionmaker may allow any person to submit an amicus curiae brief in an appeal of an initial decision. A party may not file more than one brief unless permitted by the FAA decisionmaker. A
party may petition the FAA
decisionmaker, in writing, for leave to file an additional brief and must serve a copy of the petition on each party. The party may not file the additional brief with the petition. The FAA
decisionmaker may grant leave to file an additional brief if the party demonstrates good cause for allowing additional argument on the appeal. The FAA decisionmaker will allow a reasonable time for the party to file the additional brief.
g Number of copies. A party must file the original plus one copy of the appeal brief or reply brief, but only one copy if filing by email or fax, as provided in 13.210.
h Oral argument. The FAA
decisionmaker may permit oral argument on the appeal. On the FAA
decisionmakers own initiative, or upon written motion by any party, the FAA
decisionmaker may find that oral argument will contribute substantially to the development of the issues on appeal and may grant the parties an opportunity for oral argument.
i Waiver of objections on appeal. If a party fails to object to any alleged error regarding the proceedings in an appeal or a reply brief, the party waives any objection to the alleged error. The FAA decisionmaker is not required to consider any objection in an appeal brief, or any argument in the reply brief, if a partys objection or argument is based on evidence contained on the record and the party does not specifically refer to the pertinent evidence from the record in the brief.
j FAA decisionmakers decision on appeal. The FAA decisionmaker will review the record, the briefs on appeal, and the oral argument, if any, when considering the issues on appeal. The FAA decisionmaker may affirm, modify, or reverse the initial decision, make any necessary findings, or remand the case for any proceedings that the FAA
decisionmaker determines may be necessary. The FAA decisionmaker may assess a civil penalty but must not
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