Administrative Law Flashcards
Drunk driving
60 days to notify FAA
4 choices (ATP pilot)
- Surrender
- Oder issue, notice of proposed (you will fight)
- File written answer (starts appeal time)
- Conference with FAA
- If you filed a NASA form (changes everything)
Pilots bill of rights
Rules of evidence
-no hearsay
-all allowed in evidence FAA collects
-must tell airman
Stale complaint rule
FAA must file within 6 months of infraction
- notice of proposed (not a letter)
-taking certificates
Oder of suspension
Only airman can appeal
91.9
Careless & reckless
-now airman has to do something
When will a nasa form not work?
-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
Hearsay
-NOT ALLOWED
-using an out of court statement as evidence
-3rd person statement
-using someone else’s statement
Deposition
Statement made to law enforcement
Eradication
1st court of action
FAA ratification
-take away for good eradication
-suspension
-administrative law action
-no beginning trial
De Novo
Hear fresh
4th amendment
-right to no search & seizure
Miranda right
Right to an attorney
Who can appeal judges INITIAL decision
Either side
1st time Right to appeal
After full hearing then appeal by leave, permission must be asked
Pilot keeps full rights
2nd time right to appeal
-pilot must ask permission for full rights
-2 tries > 3rd fail > permission
Notice of proposed cert
-cannot be ignored
-attorneys assigned
-forth one in a specific time must respond
(Then 4 options become available)
Initial letter of investigation
10 day letter
-you have right to remain silent
-
Notice of certificate action
Official letter of revoking / suspension
Can ignore if allowing the revoke or suspension
Emergency enforcement action
Not common
Pilot immediately grounded
No notice of proposed cert action
Emergency revoking letter
Colgan 3407
Records now NEVER get removed due to this
