Originally Posted by
TiredSoul
With a DPE you would have to appeal with the FSDO that provides DPE oversight in that region. I’m not sure what the time frame is but I expect it would have to be the very next workday if not immediately.
A FAA inspector may decide to re-examine you if grievous actions on the part of the DPE caused the fail.
Not going to happen like that. If an applicant fails a check, they certainly have the option of filing a complaint with the FSDO that has oversight. An investigation will be held, which includes interviewing the DPE and the applicant. This takes time, and is not going to be a quick "next day" event. And during this, the fail remains on the record through airman records.
The next step will likely be having the applicant recheck with another DPE. The applicant has the right to request an Inspector give the ride, but right now resources are low and that may take considerable time.
The original failure will remain on record, unless the DPE was found incompetent and the airman wishes to go through a long and complicated process to attempt to expunge the record.
Finally, the FAA gets several complaints against DPE's for failures. In our society today, it's always someone else's fault. The majority of those complaints usually end with no action after it's determined the DPE was well within the scope of his area of operation.
Choose DPE's carefully.