Originally Posted by
JohnBurke
One can certainly appeal it all the way to the full board.
Prior to that, it's appealed to an ALJ.
After the full board, it's appealed to the US Court of Appeals.
In the interim, and forever after, it's part of one's FAA record, and before one gets a change to appeal, one is the subject of an FAA Order; eg, enforcement action. Conviction first, then the opportunity to defend one's self.
Any defense up to that point is simply an evidence-gathering exercise to be used against the airman. If it doesn't go to enforcement action, the FAA places the letter of investigation in the airman's file, and that will do nearly as much damage as enforcement action. Even if the FAA generates a letter following the initial investigation to state that evidence has not been found to further the enforcement process, the FAA will state it in terms that establish guilt. We have been unable to find evidence that you violated x regulation, but doing x is a violation of that regulation and that letter will remain in the airman's file. It's damaging, without question, and the FAA knows this.
There's a lot that is incorrect here.
The LOI is not placed in "the airman's file". The "airman's file" is kept at OKC and contains 8710s, disapprovals, etc. The LOI is at the office-level and there is no "airman's file" there.
A letter of no-action does not state what you claim, here's the template version from the current order:
Figure 14-2-3D. No Action Letter
FAA letterhead
June 30, 2002
Aviator, Jonathan
123 Golden Dr.
Anytown, US 54321
File Number: 2002DC050024
Reporting Inspector: SMITH, MARY
The Federal Aviation Administration (FAA) has investigated an alleged violation that reportedly
occurred on January 2, 2002, in the vicinity of Springfield, MO.
This letter is to inform you that the investigation did not establish a violation of Title 14 of the
Code of Federal Regulations (14 CFR), and you may consider the matter closed.
Should you have questions, feel free to contact our office.
Manager
Anytown FSDO
123 Whispering Lane
You may be thinking of the old warning notice process. These days it is not part of any normal process, because if not eligible for compliance action (similar qualification as ASAP), it has to be enforcement. Warning notice was used pre-CA similar to how CA is used now.
If there's an enforcement or warning notice, those do go into the airman's file, not LOIs.
Anytown, US 54321