Administrative Law

Question 1

Drunk driving

Answer 1

60 days to notify FAA

Question 2

4 choices (ATP pilot)

Answer 2

1. Surrender
2. Oder issue, notice of proposed (you will fight)
3. File written answer (starts appeal time)
4. Conference with FAA
5. If you filed a NASA form (changes everything)

Question 3

Pilots bill of rights
Rules of evidence

Answer 3

-no hearsay
-all allowed in evidence FAA collects
-must tell airman

Question 4

Stale complaint rule

Answer 4

FAA must file within 6 months of infraction
- notice of proposed (not a letter)
-taking certificates

Question 5

Oder of suspension

Answer 5

Only airman can appeal

Question 6

91.9

Answer 6

Careless & reckless
-now airman has to do something

Question 7

When will a nasa form not work?

Answer 7

-Intentional violation
-criminal
-guilty of FAR in preceding 5 yrs
-report not submitted w/in 10 days
-involves death or serious injury / damage
-lack of pilot qualifications

Question 8

Hearsay

Answer 8

-NOT ALLOWED
-using an out of court statement as evidence
-3rd person statement
-using someone else’s statement

Question 9

Deposition

Answer 9

Statement made to law enforcement

Question 10

Eradication

Answer 10

1st court of action

Question 11

FAA ratification

Answer 11

-take away for good eradication
-suspension
-administrative law action
-no beginning trial

Question 12

De Novo

Answer 12

Hear fresh

Question 13

4th amendment

Answer 13

-right to no search & seizure

Question 14

Miranda right

Answer 14

Right to an attorney

Question 15

Who can appeal judges INITIAL decision

Answer 15

Either side

Question 16

1st time Right to appeal

Answer 16

After full hearing then appeal by leave, permission must be asked
Pilot keeps full rights

Question 17

2nd time right to appeal

Answer 17

-pilot must ask permission for full rights
-2 tries > 3rd fail > permission

Question 18

Notice of proposed cert

Answer 18

-cannot be ignored
-attorneys assigned
-forth one in a specific time must respond
(Then 4 options become available)

Question 19

Initial letter of investigation

Answer 19

10 day letter
-you have right to remain silent
-

Question 20

Notice of certificate action

Answer 20

Official letter of revoking / suspension
Can ignore if allowing the revoke or suspension

Question 21

Emergency enforcement action

Answer 21

Not common
Pilot immediately grounded
No notice of proposed cert action
Emergency revoking letter

Question 22

Colgan 3407

Answer 22

Records now NEVER get removed due to this