Originally Posted by
JamesNoBrakes
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.
It's already gone legal.
Acceptable to the Administrator is determined by the FAA Chief and Regional Legal counsel, not at the FSDO level. Inspectors at the FSDO level have authority to administer the program in accordance with the regulation, but zero authority to interpret the regulation. Where they attempt to do so incorrectly, there are sources to which one can turn.
In the case of the question posed by the original poster, ample legal interpretations already exist, such that there is no grey area here. That an inspector at the Orlando FSDO states otherwise is irrelevant and easily dismissed, given the preponderance of standing legal opinions already available to the public straight from the office of the FAA Chief Legal Counsel.
The inspector at the FSDO level has NO authority to attempt to administer the program contrary to the will and interpretation of the Administrator, which is delegated to the Chief and Regional Legal Counsels.