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Sec. 16.33 - Final decisions without
hearing.
(a) The Associate Administrator will issue a final decision on appeal from the Director's determination, without a hearing, where -- (1) The complaint is dismissed after investigation; (2) A hearing is not required by statute and is not otherwise made available by the FAA; or (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. (b) In the cases described in paragraph (a) of this section, a party adversely affected by the Director's determination may file an appeal with the Associate Administrator within 30 days after the date of service of the initial determination. (c) A reply to an appeal may be filed with the Associate Administrator within 20 days after the date of service of the appeal. (d) The Associate Administrator will issue a final decision and order within 60 days after the due date of the reply. (e) If no appeal is filed within the
time period specified in paragraph (b) 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.
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