Page:United States Statutes at Large Volume 108 Part 2.djvu/510

 108 STAT. 1226 PUBLIC LAW 103-272—JULY 5, 1994 46102. Proceedings. 46103. Service ofnotice, process, and actions. 46104. Evidence. 46105. Regulations and orders. 46106. Enforcement by the Secretary of Transportation and Administrator of the Federal Aviation Administration. 46107. Enforcement by the Attorney General. 46108. Enforcement of certificate requirements by interested persons. 46109. Joinder and intervention. 46110. Judicial review. § 46101. Complaints and investigations (a) GENERAL. — (1) A person may file a complaint in writing with the Secretary of Transportation (or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator) about a person violating this part or a requirement prescribed under this part. Except as provided in subsection (b) of this section, the Secretary or Administrator shall investigate the complaint if a reasonable ground appears to the Secretary or Administrator for the investigation. (2) On the initiative of the Secretary of Transportation or the Administrator, as appropriate, the Secretary or Administrator may conduct an investigation, if a reasonable ground appears to the Secretary or Administrator for the investigation, about— (A) a person violating this part or a requirement prescribed under this part; or (B) any question that may arise under this part. (3) The Secretary of Transportation or Administrator may dismiss a complaint without a hearing when the Secretary or Administrator is of the opinion that the complaint does not state facts that warrant an investigation or action. (4) After notice and an opportunity for a hearing and subject to section 40105(b) of this title, the Secretary of Transportation or Administrator shall issue an order to compel compliance with this part if the Secretary or Administrator finds in an investigation under this subsection that a person is violating this part. (b) COMPLAINTS AGAINST MEMBERS OF ARMED FORCES.— The Secretary of Transportation or Administrator shall refer a complaint against a member of the armed forces of the United States performing official duties to the Secretary of the department concerned for action. Not later than 90 days after receiving the complaint, the Secretary of that department shall inform the Secretary of Transportation or Administrator of the action taken on the complaint, including any corrective or disciplinary action taken. §46102. Proceedings (a) CONDUCTING PROCEEDINGS.— Subject to subchapter II of chapter 5 of title 5, the Secretary of Transportation (or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator) may conduct proceedings in a way conducive to justice and the proper dispatch of business. (b) APPEARANCE.—^A person may appear and be heard before the Secretary and the Administrator in person or by an attorney. The Secretary may appear and participate as an interested party in a proceeding the Administrator conducts under section 40113(a) of this title. (c) RECORDING AND PUBLIC ACCESS.— Official action taken by the Secretary and Administrator under this part shall be recorded.

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