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Old 02-04-2013, 08:56 PM
  #3  
JohnBurke
Disinterested Third Party
 
Joined APC: Jun 2012
Posts: 5,925
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...and while the FSDO is free to interpret it the way they have ...
The FSDO level does not have authority to interpret regulation. That is left to the Regional and Chief Legal Counsel, who interpret regulation (and issue letters of interpretation) on behalf of the Administrator.

Chief Legal Counsel letters of interpretation and legal opinions are defensible in the appeal process. The word of an inspector at the FSDO level, or even that word in writing, is not.

An FSDO inspector has authority to initiate the enforcement process, but not to interpret the regulation.
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