Originally Posted by
Cubdriver
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Warning letters are not violations, they are administrative actions. There’s a formal difference in case you did not already know. If they were violations, they would be included in a PRIA check (what this document is about) but they are not, and as such they are not included in a PRIA report. If you find out that the FAA is mailing out any warning letters of yours, then they are violating their own policy per the above. As such, you have grounds for legal action against them. I am not a lawyer and I have no idea how that would play out, but what I am showing you is that PRIA does (or should) not contain warning letters because they are administrative actions, not violations.
True, warning letters are not, by the FAA's own internal policy, disclosed under a PRIA request. And also true, the 'administrative action' referred to as a "warning letter" or "warning notice" are "
automatically expunged from the EIS computer records, and [] no longer reportable" after 2 years. This however, will not prevent a prospective employer from obtaining copies of these letters. Some employers, albeit not all, also submit a FOIA request along with the PRIA request. Any non-expunged warning letter will be disclosed to the employer as a result of this request. Therefore, to consider a "warning letter" as 'confidential' is technically inaccurate. Failure to disclose the receipt of a "warning letter" (when asked to do so) due to a misunderstanding of the "letter's" confidentiality limitations could result in undesired consequences to the prospective employee. It's a dicey game being played when one willfully and/or intentionally deceives a prospective employer concerning information specifically requested that is also directly pertinent to specific job functions. Better to receive an offer of employment with all cards on the table, than to later be terminated for fraud on an application.
http://www.faa.gov/pilots/lic_cert/p...OIA_and_PA.pdf