Notice Of Proposed Civil Penalty

Notice Of Proposed Civil Penalty

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Jackson Barnett

Principal Attorney

Are you an airman or operator, and have you received a Notice of Proposed Civil Penalty from the FAA? If so, it can be appear to be an onerous task to defend your position.

The FAA’s Enforcement Division initiates a Notice of Proposed Civil Penalty when they believe Federal Aviation Regulations have been violated. In most cases, the FAA sends a certified letter. The letter will include a list of alleged violations the FAA has compiled through an investigative report. Typically, the letter has a response deadline and options, which should not be ignored. If the letter is not responded to, the FAA has the authority to issue orders assessing a civil penalty of up to $400,000 against non-individuals and small business concerns, and up to $50,000 against individuals and small business concerns.

Informal Hearing and Settlement Options

Fortunately, there is an opportunity at the beginning of most enforcement cases for informal procedures, including an informal conference with an FAA attorney. During these informal procedures, an enforcement action can sometimes be resolved.

Barnett Law Offices will provide representation and offer advice and counsel on any settlement offers, with attentive consideration of the risks and expense of litigation to your career or business. Settlements may reflect a lower civil penalty amount, sometimes due to charges being dropped, or the payment of a civil penalty without a violation established as a matter of record.

Contact An Aviation Attorney

Barnett Law Offices will represent you and/or your company throughout the entire Notice of Proposed Civil Penalty process, including: responding to a Letter of Investigation; responding to a Notice of Proposed Civil Penalty; conducting an informal conference with the FAA attorney(s); an appeal before a Department of Transportation (DOT) administrative law judge; an appeal before the NTSB; and appeal to US appellate courts. This is a narrowly focused area of the law requiring detailed knowledge of 14 CFR Part 13.

In many cases, a notice of proposed civil penalty stems from a business issue requiring a detailed knowledge of the aviation operations. Because each lawyer at Barnett Law Offices is also a pilot, we have the knowledge and experience to advocate effectively for each of our clients. All of our lawyers operate regularly in the national aerospace system, complete FAA medical applications, and maintain certification standards through check rides and biannual flight reviews.

Our firm concentrates solely in aviation law and we have the expertise and experience to assist with your FAA issue.