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https://www.law.cornell.edu/cfr/text/49/821.33
Where the complaint states allegations of offenses which occurred more than 6 months prior to the Administrator's advising the respondent as to reasons for proposed action under 49 U.S.C. 44709(c), the respondent may move to dismiss such allegations as stale pursuant to the following provisions:
https://www.legal.com/aviation/49-cfr-821-33-stale-complaint-rule/3/
December 20, 2010. Under Rule 33, the date of the offense is the date we use for calculating the start of the six-month timeframe. The Administrator issued the emergency complaint on July 6, 2011. For purposes of the stale complaint rule, the complaint was issued 6 months and 16 …
http://mkolberlaw.com/2015/07/03/dc-circuit-reverses-ntsb-on-application-of-stale-complaint-rule/
Jul 03, 2015 · First, the stale complaint rule says: In those cases where the complaint alleges lack of qualification of the respondent, the law judge shall first determine whether an issue of lack of qualification would be presented if all of the allegations, stale and timely, are assumed to be true. If so, the law judge shall deny the respondent’s motion.
http://www.aerolegalservices.com/Articles/2012-10-05%20Stale%20Complaint%20Defense.shtml
An airman must assert the stale complaint defense in his or her answer to the FAA's complaint. Once asserted, the airman may then ask the Administrative Law Judge ("ALJ") to rule on the defense either by motion prior to a hearing, or the airman may argue the defense at the end of the hearing.
https://www.legal.com/aviation/49-cfr-821-33-stale-complaint-rule/2/
under the Board’s stale complaint rule. See 49 C.F.R. § 821.33. The stale complaint rule permits a respondent to move to dismiss allegations in a complaint which occurred more than six months prior to the Administrator advising the respondent as to reasons for the proposed action.
https://www.airlinepilotforums.com/aviation-law/43952-statute-limitations.html
Sep 16, 2009 · The 6-month stale complaint rule is an NTSB procedural rule appearing at 38 C.F.R. §821.33: Where the complaint states allegations of offenses which occurred more than 6 months prior to the Administrator's advising the respondent as to reasons for proposed action under 49 U.S.C. 44709(c), the respondent may move to dismiss such allegations as ...
https://www.airlinepilotforums.com/aviation-law/95601-stale-rule-under-2150-3b.html
Jun 19, 2016 · The stale complaint rule was initiated by the NTSB, and requires that the FAA notify an airman of a proposed certificate action within 6 months of initial discovery of the alleged violation. You described a notice of proposed certificate action received five months after the alleged violation, placing it within that time frame.
https://www.calpeculiarities.com/2017/12/20/the-stale-harassment-complaint-a-coal-in-your-stocking/
Dec 20, 2017 · Failing to investigate a complaint—even a stale complaint—can also create exposure if the accused engages in further harassment against either the complainant or someone else the accused interacts with. (2) Prompt and thorough investigations are key. Stale claims bring special challenges.
https://www.faa.gov/about/office_org/headquarters_offices/agc/practice_areas/adjudication/civil_penalty/CaseFile/CasesBySubj/
FAA Home Offices Chief Counsel Practice Areas Adjudication Cases by Subject. Share on Facebook; Tweet on Twitter; This form solicits a value to match against the contents of a table in the database. Enter a subject or a portion of a subject (leaving field blank will find all).
http://le.alcoda.org/publications/files/CITIZENSARREST.pdf
called “stale” misdemeanors. This catchy term was applied to misdemeanors that were committed in the presence of an officer or civilian, who, for whatever reason, delayed making the arrest an “unreasonable” period of time. But the “stale misdemeanor” rule seems more akin to urban legend than a rule of law.
https://shackelford.law/news-aviation/analyzing-a-stale-complaint-affirmative-defense-in-the-face-of-an-allegation-of-lack-of-qualification/
Oct 01, 2012 · An airman must assert the stale complaint defense in his or her answer to the FAA’s complaint. Once asserted, the airman may then ask the Administrative Law Judge (“ALJ”) to rule on the defense either by motion prior to a hearing, or the airman may argue the defense at …
https://www.cadc.uscourts.gov/internet/opinions.nsf/BCD454B0B4857C7085256F82005F9540/$file/02-1283a.pdf
FAA’s action against him in light of the Board’s ‘‘stale complaint rule’’ — Rule 33 of the NTSB’s Rules of Practice in Air Safety Proceedings, codified at 49 C.F.R. § 821.33 (2002). That rule provides, in pertinent part: Where the complaint states allegations of offenses which occurred more than 6 months prior to the
https://www.federalrulesofbankruptcyprocedure.org/part-vii/rule-7004/
If a party to an adversary proceeding to determine or protect rights in property in the custody of the court cannot be served as provided in Rule 4(e)–(j) F.R.Civ.P. or subdivision (b) of this rule, the court may order the summons and complaint to be served by mailing copies thereof by first class mail, postage prepaid, to the party’s last ...
https://www.cadc.uscourts.gov/internet/opinions.nsf/F7378EF91944D21185257E74004EEA13/$file/14-1023-1560124.pdf
can seek 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
https://www.law.cornell.edu/rules/frbp/rule_7004
Rule 4(d)(2) F.R.Civ.P. provides a procedure by which the plaintiff may request by first class mail that the defendant waive service of the summons. This procedure is not applicable in adversary proceedings because it is not necessary in view of the availability of service by mail pursuant to Rule 7004(b).
https://caselaw.findlaw.com/us-dc-circuit/1552594.html
Jan 14, 2011 · In its opinion, the NTSB piggybacked its unelaborated rejection of his laches defense on its longer discussion of why the stale complaint rule is inapplicable, stating that the Board has “long held that the doctrine of laches is relevant to Board cases only in …
https://www.floridabar.org/the-florida-bar-journal/the-120-day-rule-what-you-need-to-know/
Florida Rule of Civil Procedure 1.070 (j) states that a complaint must be served upon the defendant within 120 days after the complaint is filed. If it is not served within this time frame, a motion to dismiss is appropriate and the case is dismissed without prejudice. The complaint can be refiled so long as the statute of limitations has not run.
http://www.pacourts.us/assets/files/setting-4291/file-4564.pdf?cb=9943d1
Reinstate the Complaint on January 1. st, then you must serve the other party by January 31. st. The numbers on these instructions correspond with the numbers in the arrowboxes on the form. Use the form with the arrowboxes to guide you through filling out the blank form. 1. Print the name of the county you are filing in by arrowbox 1. Print exactly
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