ROBERT GRISCOM & ASSOCIATES

When the Federal Aviation Administration believes there has been a violation of the Federal Aviation Regulations (14 CFR), it initiates enforcement action by advising the apparent violator of its investigation. Such advice usually is in the form of a letter briefly describing the circumstances, and inviting the respondent to “tell his side of the story”.

The invitation is a poorly disguised attempt to obtain information which will confirm one or more facts, the proof of which has not yet been established by the FAA investigator.

With this in mind, a prudent respondent will decline the invitation, and have a knowledgeable Aviation Attorney respond to the letter.

FAA enforcement cases are presented to an Administrative Law Judge for adjudication at evidentiary hearings (no jury). The FAA’s burden at those hearings is a simple “preponderance” of the evidence. An independent investigation may identify evidence casting doubt on the FAA’s case. In such a case, after presenting a strong defense, the airman may be cleared. However, when the FAA has conducted a professional investigation, they may have thoroughly documented facts proving the operation of the aircraft contrary to the Federal Aviation Regulations. When that is the case, the respondent’s most effective action may be a negotiated compromise before the hearing takes place.

However, even when the facts favor the FAA, and negotiation has not produced results, a strong defense can result in a significant reduction in the severity of the sanction imposed.

Actions involving suspension or revocation of operating privileges or certificates should always be vigorously defended, and may be appealed to the Federal Courts.