I. FAA ENFORCEMENT ACTIONS – Certificate Actions A. Notice of proposed certificate action - Written notice listing alleged FAR violations and proposed action
- Pilot should file NASA report and contact defense attorney
- Pilot should respond in writing to FAA B. Informal Conference - Opportunity to meet with FAA attorney to discuss charges
- Charges may be dropped if pilot can prove innocence
- Suspension may be reduced to fine or remedial training
C. Order of Suspension or Revocation
- Sent by FAA via certified mail
- Pilot must file appeal with NTSB within 20 days that letter is signed for.
- After 20 days, the order becomes final and right to appeal is lost
D. Discovery
- Provided by FAA upon request from defense
- List of witnesses and any other evidence the FAA intends to use in prosecution.
E. Hearing
- Presided over by Administrative Law Judge in or near place of violation
- This is the ONLY opportunity for defense to be heard by a judge
- Burden of proof rests on FAA, but only needs to prove their case by a preponderance of the evidence.
- No jury.
- ALJ will issue a verbal decision at the end of hearing.
- ALJ may reduce severity of penalty requested by FAA, but may not increase penalty.
F. Appeal to Full Board
- Pilot certificate remains in effect throughout appeal process
- Appeal is paper appeal only, issued by both sides arguing their positions
- Appeal Judge only considers two points
1. Did the ALJ afford both sides a fair hearing?
2. Did the ALJ correctly apply the