When is a Final Agency Decision (FAD) issued?
The Associate Administrator may issue a final agency 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 the respondent an opportunity for a hearing and the respondent waives the opportunity for a hearing. In such cases the final agency decision will be issued within 60 days after the due date of the reply. Also, in cases where no hearing is available or the opportunity is waived, if an appeal is not filed within the 30 day time period, the Director’s Determination becomes the final decision and order of the FAA.
