時間：2015-01-22 15:14來源：藍天飛行翻譯公司 作者：民航翻譯 點擊：次
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To view this page ensure that Adobe Flash Player version 9.0.124 or greater is installed. (a) CONDUCTING PROCEEDINGS. The Director shall, subject to the provisions of this Act, conduct proceedings in such manner as will be conducive to the proper dispatch of business and to the ends of justice. (b) CONFLICTS OF INTEREST. No employee of the Authority shall participate in any hearing or proceeding in which the Director has a monetary interest. (c) APPEARANCE. Any person may appear before the Director or the Director’s designee and be heard in person or by an attorney. (d) RECORDING AND PUBLIC ACCESS. Every official act of the Director shall be entered of record, and the proceedings thereof shall be open to the public upon request of any interested party, unless the Director determines that withholding from public disclosure is necessary on grounds of national interest. § 802. COMPLAINTS TO AND INVESTIGATIONS BY THE DIRECTOR (a) FILING OF COMPLAINTS. Any person may file with the Director a complaint in writing with respect to anything done or omitted to be done by any person in contravention of any provision of this Act, or of any requirement established pursuant thereto. If the person complained against does not satisfy the complaint and there appears any reasonable ground for investigating the complaint, it shall be the duty of the Director to investigate the matters set forth in the complaint. Whenever the Director is of the opinion that any complaint does not state facts which warrant an investigation or action, such complaint may be dismissed without hearing. (b) INVESTIGATIONS. The Director is hereby empowered to institute an investigation at any time, on the Director’s initiative, in any case and as to any matter or thing within the Director’s jurisdiction by any provision of this Act, concerning which a complaint is authorised to be made to or before the Director, or concerning which any question may arise under any of the provisions of this Act, or relating to the enforcement of any of the provisions of this Act. The Director shall have the same power to proceed with any investigation instituted on the Director’s own motion as though it had been made by complaint. (c) ORDERS TO COMPEL COMPLIANCE. If the Director finds, after notice and hearing, in any investigation instituted upon complaint or upon the Director’s initiative, with respect to matters within the Director’s jurisdiction, that any person has failed to comply with any provision of this Act or any requirement established pursuant thereto, the Director shall, consistent with the provisions of this Act, issue an appropriate order to compel such person to comply therewith. § 803. EVIDENCE (a) GENERAL. The Director may hold hearings, sign and issue subpoenas, administer oaths, examine witnesses, and receive evidence at any place in [STATE]. (b) SUBPOENAS. For the purposes of this Act, the Director shall have the power to require by subpoena the attendance and testimony of witnesses and the production of all books, papers, and documents relating to any matter under investigation. (c) COMPLIANCE WITH SUBPOENAS. The attendance of witnesses, and the production of books, papers, and documents, may be required from any place in [STATE], at any designated place of hearing. In case of disobedience to a subpoena, the Director or any party to a proceeding before the Director, may invoke the aid of the [JUDICIAL AUTHORITY] in requiring attendance and testimony of witnesses and the production of such books, papers, and documents under the provisions of this Section. (d) DEPOSITIONS. (1) The Director may order testimony to be taken by deposition in any proceeding or investigation pending before the Director, at any stage of such proceeding or investigation. Such depositions may be taken before any person designated by the Director and having power to administer oaths. Reasonable notice must first be given in writing by the party or the party’s attorney proposing to take such deposition to the opposite party or the party’s attorney of record, which notice shall state the name of the witness and the time and place of the taking of the deposition. Any person may be compelled to appear and be deposed, and to produce books, papers, or documents, in the same manner as witnesses may be compelled to appear and testify and produce like documentary evidence before the Director, as herein before provided. (2) Every person being deposed as herein provided shall be cautioned and shall be required to swear or to affirm, if requested, to testify to the whole truth, and shall be carefully examined. The testimony shall be reduced to writing by the person taking the deposition, or under deponent’s direction, and shall, after it has been reduced to writing, be subscribed by the deponent. All depositions shall be promptly filed with the Director. (3) If a witness whose testimony may be desired to be taken by deposition is in a foreign country, the deposition may be taken, provided the laws of the foreign country so permit, by a person commissioned by the Director or agreed upon by the parties by stipulation in a writing to be filed with the Director, or may be taken under letters issued by a court of competent jurisdiction at the request of the Director. § 804. DESIGNATION OF AGENT FOR SERVICE (a) DESIGNATING AGENTS. It shall be the duty of every air operator in [STATE] and each foreign air operator with operations in [STATE] to designate in writing an agent in [STATE] upon which service of all notices and process and all orders, decisions, and requirements of the Director may be made for and on behalf of the air operator or foreign air operator, and to file such designation with the Director. Such designation may be changed by subsequent filing. (b) SERVICE UPON AGENTS. (1) Service of all notices and process and of orders, decisions, and requirements of the Director may be made upon any air operator or foreign air operator by service upon its designated agent at their office in [STATE] or place of residence in [STATE] with the same effect as personal service upon such air operator or foreign air operator. (2) If a designated agent is in default or is absent, service of any notice or other process in any proceedings before the Director, or of any order, decision, or requirement of the Director, may be made by posting such notice, process, order, requirement, or decision in the Office of the Director. (c) SERVICE GENERALLY. Service of notices, processes, orders, rules, and regulations upon any person may be made by personal service or upon an agent designated in writing for this purpose, or by registered or certified mail addressed to such person or agent. Whenever service is made by registered or certified mail, the date of mailing shall be considered as the date when service is made. § 805. VENUE (a) The trial of any offence under this Act shall be in the [INSERT LEGAL ENTITY]. § 806. JUDICIAL REVIEW OF ORDERS (a) AVAILABILITY OF JUDICIAL REVIEW. Any order issued by the Director shall be subject to review by [JUDICIAL AUTHORITY] upon petition filed within ___ days after the entry of such order, by any person disclosing a substantial interest in such order. A petition may be filed beyond ___ days after the entry of an order of the Director only with the permission of the [JUDICIAL AUTHORITY] upon a showing of reasonable grounds for failure to file the petition within time. (b) JUDICIAL PROCEDURES. A copy of the petition shall, upon filing, be forthwith transmitted to the Director by the Clerk of [JUDICIAL AUTHORITY] and the Director shall thereupon file with the [JUDICIAL AUTHORITY] the record, if any, upon which the order complained of was entered. (c) AUTHORITY. Upon transmittal of the petition to the Director, the [JUDICIAL AUTHORITY] shall have exclusive jurisdiction to affirm, modify, or set aside the order complained of, in whole or in part, and if need be, to order further proceedings by the Director. Upon good cause shown and after reasonable notice to the Director, interlocutory relief may be granted by stay of the order or a stay of such mandatory or other relief as may be appropriate by the [JUDICIAL AUTHORITY]. (d) SCOPE OF REVIEW. The findings of facts by the Director, if supported by substantial evidence, shall be conclusive. No objection to an order of the Director shall be considered by the [JUDICIAL AUTHORITY] unless such objection shall have been urged before the Director or if it was not so urged, unless there were reasonable grounds for failure to do so. § 807. JUDICIAL ENFORCEMENT (a) JURISDICTION OF [JUDICIAL AUTHORITY]. The [JUDICIAL AUTHORITY] shall have jurisdiction to enforce obedience to any provision of this Act, or any rule, regulation, requirement, or order issued thereunder, or any term, condition, or limitation of any certificate issued under this Act. (b) CIVIL ACTIONS TO ENFORCE THIS PART. (1) Where any person violates any provision of this Act, or any rule, regulation, requirement, or order issued thereunder, or any term, condition, or limitation of any certificate issued under this Act, the Director may apply to the [JUDICIAL AUTHORITY] for the enforcement of such provision of this Act, or of such rule, regulation, requirement, order, term, condition, or limitation. (2) Upon the request of the Director, the Attorney General of [STATE] may institute an enforcement action in the [JUDICIAL AUTHORITY] and prosecute all necessary proceedings for the enforcement of the provisions of this Act or any rule, regulation, requirement, or order issued thereunder, or any term, condition, or limitation of any certificate issued under this Act, and for the punishment of all violations defined in the Act. (c) PARTICIPATION OF DIRECTOR. Upon request of the Attorney General, the Director shall have the right to participate in any proceeding in court under the provisions of this Act. |
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