Originally Posted by
JamesNoBrakes
As with anyone that deals with the law/court, they don't want to send out notices of proposed action unless they have a case they think they can win in court, and like most lawyers, they really do not want to go to court in the first place.
They dont have to go to court. Administrative law. Guilty until proven innocent. They dont need to defend their action until the airman seeks appeal. Convicted first, then tried. You know that.
Only after they've already taken action does the airman get to mount a legal defense. Any letters, inquiries, hearings, or informal calls or meetings leading up to that are not for the airman to defend himself, give evidence, or make his case. Those exist only to obtain information to use againt the airman. You know this, also.
Despite any policy of cooperation, the underlying belly of the beast remains unchanged. The FAA has a long history of vigorously pursuing actions that are neither tenable or legal, or ultimately defensible, yet they do.
As an inspector told me many years ago; "you are right and will eventually win, but I may do it to you just for spite."
I know; that's unheard of i your world, and everyone i your office has matching socks.
Not.