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https://www.law.cornell.edu/cfr/text/49/821.33
Where the complaint states allegations of offenses which occurred more than 6 months prior to the Administrator's advising the respondent as to reasons for proposed action under 49 U.S.C. 44709(c), the respondent may move to dismiss such allegations as stale pursuant to the following provisions: (a) In those cases where the complaint does not allege lack of qualification of the respondent:
https://www.legal.com/aviation/49-cfr-821-33-stale-complaint-rule/3/
The Board’s stale complaint rule states, Where the complaint states allegations of offenses which occurred more than 6 months prior to the Administrator’s advising the respondent as to reasons for proposed action under 49 U.S.C. 44709(c) [regarding FAA notice to certificate
https://www.faa.gov/about/office_org/headquarters_offices/agc/practice_areas/adjudication/civil_penalty/CaseFile/CasesBySubj/
FAA Home Offices Chief Counsel Practice Areas Adjudication Cases by Subject. Share on Facebook; Tweet on Twitter; This form solicits a value to match against the contents of a table in the database. Enter a subject or a portion of a subject (leaving field blank will find all).
http://mkolberlaw.com/2015/07/03/dc-circuit-reverses-ntsb-on-application-of-stale-complaint-rule/
Jul 03, 2015 · The Court of Appeals held, among other things, that the stale complaint rule is inapplicable in cases where the FAA’s complaint alleges a lack of pilot qualification and that the NTSB’s own decisional history shows logbook falsification is an offense that “implicates a lack of qualification warranting revocation.” The case, Huerta (FAA) v.
http://www.aerolegalservices.com/Articles/2012-10-05%20Stale%20Complaint%20Defense.shtml
An airman must assert the stale complaint defense in his or her answer to the FAA's complaint. Once asserted, the airman may then ask the Administrative Law Judge ("ALJ") to rule on the defense either by motion prior to a hearing, or the airman may argue the defense at the end of the hearing.
https://www.airlinepilotforums.com/aviation-law/43952-statute-limitations.html
Sep 16, 2009 · Since FAA violations are under admin law, no there is not a formal SOL. However, in general constitutional terms you might be able to get a dated violation thrown out based on the "stale complaint" premise. But there is nothing to stop the FAA from violating you, except common sense.
https://www.legal.com/aviation/49-cfr-821-33-stale-complaint-rule/2/
respondent’s petition for review of the FAA’s emergency determination. Pg. 4. B. Law Judge’s Oral Initial Decision At the commencement of the hearing, respondent made a motion to dismiss the complaint under the Board’s stale complaint rule. See 49 C.F.R. § 821.33. The stale complaint rule permits
https://www.aopa.org/news-and-media/all-news/2018/july/pilot/for-the-record-honest-mistake
If an incorrect answer is repeated on subsequent applications, each instance constitutes another possible violation. Moreover, the “stale complaint” rule that limits the timeframe in which the FAA can pursue legal action does not usually apply in intentional falsification cases. The FAA has prevailed in cases involving decades-old applications.
https://shackelford.law/news-aviation/analyzing-a-stale-complaint-affirmative-defense-in-the-face-of-an-allegation-of-lack-of-qualification/
Oct 01, 2012 · An airman must assert the stale complaint defense in his or her answer to the FAA’s complaint. Once asserted, the airman may then ask the Administrative Law Judge (“ALJ”) to rule on the defense either by motion prior to a hearing, or the airman may argue the defense at …
https://blog.globalair.com/post/2011/03/30/What-You-Need-To-Know-About-FAA-Civil-Penalty-Actions
Mar 30, 2011 · However, the FAA will often bring a civil penalty action against an individual to avoid the six month limitation of the NTSB's stale complaint rule in a certificate action, and benefit from the longer 2 year limitation applicable to civil penalty actions.
https://www.airlinepilotforums.com/aviation-law/95601-stale-rule-under-2150-3b.html
Jun 19, 2016 · The stale complaint rule was initiated by the NTSB, and requires that the FAA notify an airman of a proposed certificate action within 6 months of initial discovery of the alleged violation. You described a notice of proposed certificate action received five months after the alleged violation, placing it within that time frame.
http://fsims.faa.gov/wdocs/8900.1/v14%20compliance%20&%20enforcement/chapter%2001/14_001_002.htm
For airmen, the National Transportation Safety Board (NTSB) 6-month-stale complaint rule 3 applies if certificate action is to be taken. The ASI should keep his or her FLM informed of his or her activities and, when applicable, coordinate certificate holder communication with the PI/CHDO.
https://caselaw.findlaw.com/us-dc-circuit/1330486.html
Oct 21, 2003 · The rule allows a stale complaint to escape dismissal if the FAA can show good cause for the delay, but it also states that a stale complaint can survive if the FAA can show that “the imposition of a sanction is warranted in the public interest, notwithstanding the delay or the reasons therefor.” 49 C.F.R. § 821.33(a)(1).
https://www.transportation.gov/sites/dot.dev/files/docs/Manin%20v.%20NTSB.pdf
voked the NTSB's stale complaint rule, which [*1242] provides for the dismissal of a complaint stating allega-tions that occurred more than six [**6] months prior to the FAA's advising the respondent of the reasons for the complaint. 49 C.F.R. § 821.33. If the complaint alleges that an airman lacks the qualifications to hold a certifi-
https://quizlet.com/291591304/practical-aviation-aerospace-law-ch-2-faa-enforcement-flash-cards/
the Stale Complaint Rule provides that were the FAA's complaint (the order of suspension or revocation) is based on events alleged to have occurred more than 6 months prior to the agency's issuance of a Notice ofProposed Certificate Action,
https://www.pilotsofamerica.com/community/threads/how-long-do-investigations-take.117790/
Jul 13, 2019 · As @weilke said, enforcement actions against pilots are subject to an NTSB "stale complaint" rule. The rule says FAA enforcement actions are subject to dismissal if the FAA does not send a Notice of Proposed Certificate Action to the airman within 6 months of the deviation. There are essentially two exceptions.
https://www.faa.gov/documentLibrary/media/Order/FULL%209120.1A1.pdf
This order documents the procedures used by Federal Aviation Administration (FAA) drug and alcohol compliance and enforcement inspectors and investigators to assess the compliance of aviation industry employers with the requirements in the Code of Federal Regulations (CFR). Specifically, the regulatory requirements including the Department of
https://shackelford.law/news-aviation/calculation-of-six-month-due-diligence-period-for-stale-complaint-defense-to-far-61-15-violations-defined/
Jul 01, 2004 · Federal Aviation Administration, the NTSB’s opinion followed the D.C. Circuit and granted the airman’s motion to dismiss based upon the stale complaint rule. The Board held that “for purposes of applying our stale complaint rule in the context of certain alleged reporting violations [the FAA’s due diligence] should be judged from the ...
https://lawexplores.com/enforcement-actions/
In general the FAA chooses certificate actions over fines for individuals and vice versa for business entities. The FAA may bring a civil penalty action against an airman to avoid the stale complaint rule. This rule requires the FAA to initiate a certificate action within six months. There is a two-year limitation regarding civil penalties.
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