Originally Posted by
JohnBurke
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.
True, but I left out the part of the regs that does say "in a manner acceptable to the administrator", that gives the FSDO a wide berth, although it could be knocked down by a legal ruling. I'm talking about before it goes to legal.