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VOLUME 14  COMPLIANCE AND ENFORCEMENT

Indicates new/changed information.

CHAPTER 3  SPECIAL CONSIDERATIONS

Section 13  Addressing Organization Designation Authorization Holder Noncompliance

14-3-13-1    NONCOMPLIANCE AND DEVIATIONS ASSOCIATED WITH THE OVERSIGHT OF ORGANIZATION DESIGNATION AUTHORIZATION (ODA) HOLDERS. As regulated entities, ODA holders are subjected to some of the same regulatory responsibility as a certificate holder. Therefore, when apparent noncompliance or deviations are found, the Federal Aviation Administration (FAA) will use the most effective means to bring the ODA holder into compliance.

A.    Old Policy. The current edition of FAA Order 8100.15, Organization Designation Authorization Procedures (at revision B with Change 1, chapter 5, subparagraph 5-6a), requires that ODA regulatory noncompliance be addressed in accordance with the current edition of FAA Order 2150.3, FAA Compliance and Enforcement Program, and contains procedures (Order 8100.15, subparagraph 5-6e) to address other types of conditions that require corrective action.

B.    New Policy. Organization Management Team (OMT) leads will now follow their respective service office’s (Aircraft Certification Service (AIR) or Flight Standards Service (AFS)) compliance process rather than the procedures currently prescribed as noted above in Order 8100.15, subparagraphs 5-6a and 5-6e. Additional detail is provided below.

14-3-13-3    INITIAL RESPONSE. Either AIR-002-035, Aircraft Certification Service (AIR) Compliance and Enforcement Process, or Volume 14, Chapter 1, Section 2, Flight Standards Service Compliance Action Decision Procedure, will be used to initially address apparent noncompliance or deviations as determined by the OMT. When in doubt as to the appropriate course of action or policy to follow, FAA personnel should work through their management and coordinate as needed with Regional Offices (RO) and Policy Divisions/Directorates for clarification.

14-3-13-5    USE OF ENFORCEMENT ACTION. Because an ODA is a privilege, the FAA has the authority to suspend or revoke an authorization at any time if the ODA holder cannot perform their authorized functions as required. In some instances, enforcement action (administrative action, or legal action including certificate action and civil penalty) may be warranted and can be used to gain compliance. When it is determined the appropriate action is to take enforcement action on an ODA holder, AFS personnel will follow the guidance in Volume 14 and Order 2150.3. When it is determined the appropriate action is to suspend or revoke an ODA holder’s authorization, personnel will follow the guidance in Order 8100.15.

14-3-13-7 through 14-3-13-21 RESERVED.