Motion to dismiss stale complaint
| Currency | Current through May 31, 2023 |
| Citation | 49 C.F.R. §821.33 |
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117 cases
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Huerta v. Ducote
...dismissal of the Administrator's complaint as “stale” if it was filed more than six months after the conduct that triggered revocation. 49 C.F.R. § 821.33. The stale complaint rule does not apply, however, when the “complaint alleges lack of qualification of the respondent.” Id. § 821.33(b)......
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Zukas v. Hinson, 96-5137
...certificate holder] as to reasons for proposed action ... [the pilot certificate holder] may move to dismiss such allegations...." 49 C.F.R. § 821.33. By its specific terms, however, the stale complaint rule is preempted when there are allegations of the pilot certificate holder's lack of q......
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Simuel v. City of Dayton
...allegations of offenses more than 180 days old; it calls for dismissal of complaints alleging violations more than six months old. See 49 C.F.R. § 821.33; Thunderbird Propellers. Inc. v. FA A, 191 F.3d 1290, 1294 (10th Cir. 1999). The FAA's complaint was served on Abou-Sakher on March 18, 1......
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Huerta v. TRE Aviation Corp.
...occurred in 2005, yet the Administrator's order was dated May 20, 2011. Therefore, under the stale complaint rule (codified at 49 C.F.R. § 821.33), which requires the Administrator to issue a notice of proposed certificate action within six months of learning of the alleged violation, respo......
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