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Old 09-02-2023 | 10:36 PM
  #41  
JohnBurke
Disinterested Third Party
 
Joined: Jun 2012
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Because the FAA enforcement process and enforcement action takes place BEFORE the appeal process, the appeal process can only be redemptive, or keep the status quo. Neither the Administrative Law Judge, full NTSB board, or court of appeals will apply punitive measures or increase the penalty, the appeals process cannot be punitive, of course.

Under administrative law one is convicted by the FAA, and then one has an opportunity to present one's case in appeal, after having become the subject of enforcement action. If enforcement action does not take place (no punitive, or administrative action--eg, no suspension or revocation), then there's nothing to appeal. A successful appeal may see the FAA's action reduced, or reversed. An unsuccessful appeals action will see the status quo remain.
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