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FAA Investigations and Certificate Actions

FAA Investigations and Certificate Actions. Steven M. Taber Taber Law Group, P.C. Irvine, California staber@taberlaw.com. FAA Legal Enforcement Begins with Three Different Types of FAA Letters. Letter of Investigation (LOI). From the FAA Inspector.

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FAA Investigations and Certificate Actions

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  1. FAA Investigations and Certificate Actions

    Steven M. Taber Taber Law Group, P.C. Irvine, California staber@taberlaw.com
  2. FAA Legal Enforcement Begins with Three Different Types of FAA Letters Letter of Investigation (LOI). From the FAA Inspector. Notice of Proposed Certificate Action (NPCA) or Notice of Proposed Civil Penalty (NPCP). From an FAA attorney. Order of Suspension, Revocation or Civil Penalty. From an FAA attorney.
  3. Letter of Investigation FAA is required to give the targeted airman a “timely” notice of investigation. The LOI must state: Response is legally required; No adverse inference can be taken by the FAA if no response is made; Must warn that response may be used in evidence against airman; and FAA Enforcement Investigative Report (EIR) and ATC data will be available. Probably a good idea to contact a lawyer to assist in deciding if when, how and who responds to the LOI.
  4. Notice of Proposed Certificate Action or Proposed Civil Penalty Offers series of options, including Admission of guilt, and acceptance of penalty; Proceed directly to Hearing; Informal Conference. Strongly suggest that you obtain legal counsel in order handle this type of Notice. Enforcement Investigative Report At this point you and your attorney will ask the FAA for “releasable portions of the EIR” to prepare for the informal hearing.
  5. Order of Suspension, Revocation or Civil Penalty While legal counsel is never mandatory, this comes the closest to being mandatory. Appeal deadline is only 20 days from the time of service, which is the date that FAA sent the Order, not the date you received it. Thus, once you receive such an Order, you should call your attorney as soon as possible to discuss your strategy. Filing an Appeal stays the effectiveness of the Order (except an Emergency Order). FAA will then file the Order as a Complaint with the NTSB.
  6. Ways to Protect Yourself File an report under the Aviation Safety Reporting Program with NASA Eliminates sanction, but does not eliminate finding of violation; Can only claim once every five years Join AOPA Legal Services If you have legal questions, talk to a lawyer
  7. Contact Information Steven M. Taber Taber Law Group, P.C. P.O. Box 60036 Irvine, California 92602 (949) 735-8217 E-mail: staber@taberlaw.com Website: http://taberlaw.com Blog: http://airportlaw.wordpress.com Twitter: @TaberLawGroup
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