Representing Pilots on FAA Notice of Proposed Certificate Action
When an enforcement investigation report is opened on you, an agency may gather initial information like complaints from coworkers and employees, routine surveillance, or issues that arise with a customer or traveler. It is not required in all investigations for you to receive a Letter of Investigation, so you may not even be aware that there is ongoing evidence being collected against you.
This report, often shortened to EIR, is not something that is available to you, but will be made available to your aviation lawyer Simon Kabzan should you decide to hire one.
It is a crucial document whose contents can make the difference between you being suspended or having your certifications entirely revoked for good.
The EIR contains valuable information like reports of incidents, when they happened, items and documents of proof, witness statements, and the inspector’s analysis and conclusions drawn. If the office decides that no violations were found, the “violator” will receive a letter informing them that no action will be taken. Sometimes, receiving this document will be the first time that someone gets an inkling that they are being investigated by aviation officials.
In other cases, you will receive a Notice of Administrative Action or Legal Action. A Notice of Administration typically will not take away any of your rights to fly and work in the aviation industry, but it will either be a warning notice or a Letter of Correction, informing you that further action will be taken if any other infractions are found. This can be a scary moment for aviation workers, as your entire livelihood could be pulled out from under your feet when you are informed of this type of issue.
The Letter of Correction will also come along with certain instructions that are vitally important to follow. If you do not follow the aforementioned instructions from this letter, you may find yourself subject to a Notice of Legal Action, which will escalate the entire situation even more and put you closer to suspension. At this point, it’s probably a good idea to look into getting an aviation attorney who may be able to help you resolve this issue because it keeps getting worse.
A Notice of Legal Action is obviously more dangerous, as this indicates the recipient will have to pay a civil penalty as well as face getting their certification suspended or permanently revoked due to the violations that were uncovered. In this case, you could also receive a Notice of Proposed Civil Penalty (NPCP) from the FAA, informing you of how much you must pay in fines for your violation as well as when they must be paid by.
A Notice of Proposed Certificate Action (or NPCA) is another type of notice that you may receive, and this one is even more worrisome. When this type of action is proposed, the recipient can either respond and attempt a defense, or they will most certainly suffer the suspension or total loss of their certifications.
If you have a lawyer at your side, portions of the EIR may be released and allow you to mount a solid defense that will not leave your career and livelihood in jeopardy.
Aviation should be fun--not a stressor added into your life. When it becomes a chore or something you dread, call Mr. Kabzan to schedule your appointment. There’s no time to delay when it comes to your freedom of flight - so so do not wait until it is too late to save your career and certifications.
The good news is that, at almost every stage of this process, there is a chance to appeal the decisions and proposed actions of both the FAA and NTSB. This gives you the fighting chance to keep what you have worked so long to build, especially if you have a lawyer helping you through this tough time.
On your own, without an aviation lawyer, it’s possible you may be able to argue your case, but the most intelligent move would be to look into someone who has expertise in both aviation and law who may be able to help you to do so more successfully. Even if you are the most safety-conscious pilot or aviation worker who has ever lived, you are still human, and mistakes can be overlooked in some cases, especially if no harm was caused from the incident.
Simon Kabzan, Esq. has been a lawyer since 2006 and has helped a number of clients to overcome obstacles like having their certifications potentially suspended or revoked due to legal or certificate enforcement actions. After you’ve worked so hard and spent so many hours in the air, it’s unfair for charges like this to threaten everything that you have built, so do not take any chances. By obtaining access to portions of the EIR, Mr. Kabzan can ensure that a proper defense is mounted that gives you the fair chance to answer these charges with knowledge of what you are being investigated for.
After a certification suspension or revocation, you’re probably feeling quite bitter and unable to stomach the idea that you may never fly again, subject to the FAA’s violations as you have been. However, even if you believe that all hope is lost, there is always time to fight against these unfair punishments with a number of appeals, which in the end may help you to be up in the air and flying once again.
Aviation law is a complex beast, and it is not for the faint of heart. Thankfully, Mr. Kabzan is both a pilot and a lawyer, and he is able to merge his knowledge of both those realms to seamlessly defend his clients from untrue accusations and gain a positive outcome for their situations. If you are currently receiving these types of letters from the FAA, there may still be time for you to work towards securing a solid reputation, but only if you have the right legal professional behind you.
For a free introductory consultation with Mr. Kabzan’s office, contact us today. We cover many areas of law, so even if your specific case is a bit complicated, we have the confidence we can make sure all of the wrinkles are smoothed out in no time at all. Call or email us to schedule that introduction and get your life moving through the clouds again, as it should be.