I received a letter of proposed certificate action on 10/15/2015 for an alleged violation that occurred on 05/02/2015. (an ASRS was filed the day of the alleged violation)

We had an informal conference where the alleged violations were categorically disproved but the FAA counsel insisted on pushing a Remedial training offer or 30 Day suspension (which they could not enforce because of the ASRS).

We responded by stating we would not give them a decision until they provided justification as to why the FARs we cited did not apply.

It has now been 5 months since last contact with the FAA legal counsel and nothing. They have not responded to 3 written inquiries to the disposition of the case essentially leaving it in limbo.

This appears to be a case of the investigating FSDO not knowing their own FARs related to cases of loss of radio communications.

The stale rule is a bit ambiguous in this matter. How long can the FAA's legal counsel leave this matter in "limbo" before they are forced to drop it or take action?

Does anyone know?