14 CFR §302.606
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (a)Within thirty (30) days after a complaint or request for determination is filed under this subpart, the Secretary will determine whether the complaint or request meets the procedural requirements of this subpart and whether a significant dispute exists, and take appropriate action pursuant to paragraph (b), (c), or (d) of this section. When both a complaint and a request for determination have been filed with respect to the same airport fee or fees, the Secretary will issue a determination as to whether the complaint, the request, or both meet the procedural requirements of this subpart and whether a significant dispute exists within thirty (30) days after the complaint is filed.
- (b)If the Secretary determines that a significant dispute exists, he or she will issue an instituting order assigning the complaint or request for hearing before an administrative law judge. The instituting order will—
- (1)Establish the scope of the issues to be considered and the procedures to be employed;
- (2)Indicate the parties to participate in the hearing;
- (3)Consolidate into a single proceeding all complaints and any request for determination with respect to the fee or fees in dispute; and
- (4)Include any special provisions for exchange or disclosure of information by the parties.
- (c)If the Secretary determines that the complaint or request does not meet the procedural requirements of this subpart, the complaint or request for determination will be dismissed without prejudice to filing a new complaint. The order of the Secretary will set forth the terms and conditions under which a revised complaint or request may be filed.
- (d)If the Secretary finds that no significant dispute exists—
- (1)If the proceeding was instituted by a complaint, the Secretary will issue an order dismissing the complaint, which will contain a concise explanation of the reasons for the determination that the dispute is not significant.
- (2)If the proceeding was instituted by a request for determination, the Secretary will either issue a final order as provided in § 302.610 or set forth the schedule for any additional procedures required to complete the proceeding.