12/29/21

 

8900.1 CHG 422

VOLUME 14  COMPLIANCE AND ENFORCEMENT

CHAPTER 2  INVESTIGATION AND ENFORCEMENT-RELATED TASKS

Section 4  Provide Technical Assistance to Legal Counsel

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14-2-4-1    REPORTING SYSTEM(S). Use Safety Assurance System (SAS) Activity Recording (AR) and use activity codes 1741, 3746, and 5746, as appropriate.

14-2-4-3    OBJECTIVE. This task provides guidance to inspectors for giving technical assistance to legal counsel. Successful completion of this tasks results in either written or in-person testimony at a court proceeding or hearing.

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14-2-4-5    INFORMAL ASSISTANCE. The inspector should keep in mind that Federal Aviation Administration (FAA) enforcement counsel is usually involved in many cases at the same time, and mutual cooperation is necessary to ensure fair and just results. Occasionally, an inspector may be requested to provide assistance to legal counsel before a case goes to formal proceedings. An inspector is requested to provide information based on inspector expertise that would enhance the information already available. For example, in the case of pending airman certificate action, counsel may ask why the airman’s action was unsafe and what would a pilot prudently have done. Inspectors should refer to FAA Order 2150.3, FAA Compliance and Enforcement Program, and other sections contained in Volume 14 for guidance on investigatory techniques, acquisition of evidence, and Enforcement Investigative Report (EIR) analysis, when necessary for this task.

14-2-4-7    PREREQUISITES AND COORDINATION REQUIREMENTS.

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A.    Prerequisites. Aviation safety inspectors (ASI) must have knowledge of the requirements of Title 49 of the United States Code (49 U.S.C.), Title 14 of the Code of Federal Regulations (14 CFR), Volume 1 of this order, and other applicable Flight Standards Service (FS) policies.

B.    Coordination. This task may require coordination with other responsible Flight Standards offices and FAA enforcement counsel.

14-2-4-9    REFERENCES, FORMS, AND JOB AIDS.

A.    References (current editions):

    Title 14 CFR Parts 1 and 13.

    FAA Order 8020.11, Aircraft Accident and Incident Notification, Investigation, and Reporting.

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B.    Forms. FAA Form 1360-33, Record of Visit, Conference, or Telephone Call.

C.    Job Aids. Volume 14, Chapter 2, Section 3, Figure 14-2-3A, SNAAP Job Aid.

14-2-4-11    PROCEDURES.

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A.    Open a SAS AR Record. Upon assignment as a resource in SAS, or other notification or request from your manager to assist legal counsel, open the appropriate SAS AR record.

B.    Preparation. Review EIR or Accident/Incident case, as appropriate.

1)    If requested, obtain additional information or evidence.
2)    If requested, meet with legal counsel.
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C.    Close the SAS AR Record. Upon completion of assistance, close the SAS AR record with appropriate comments.

14-2-4-13    TASK OUTCOMES. This task may result in the inspector providing written or in-person testimony at a hearing or other court proceeding.

14-2-4-15    FUTURE ACTIVITIES.

A.    Case Details. The inspector may be requested to give additional information on the same case.

B.    Proceedings. The inspector may be called for appearance in court proceedings or in hearings.

C.    Other Cases. The inspector may be requested to give information in other cases.

14-2-4-17 through 14-2-4-31 RESERVED.