Judicial review is available in the federal courts of appeals. Before the demonstration civil penalty program was enacted in 1987, the FAA could propose civil money penalties, but such penalties could be imposed only through a civil action brought in a United States District Court through Justice Department attorneys. The Federal Aviation Act also provides that violations of the Act or the regulations may result in suspensions or revocations of certificates of pilots, mechanics or air carriers. These cases follow a different administrative path. If a hearing is requested, an NTSB ALJ holds the hearing, with a right to appeal to the Board.
Judicial review is available in the federal courts of appeals.
In response to the Conference's Recommendation 90-1, Congress extended the program for an additional two years. The issues relating to how civil penalties should be adjudicated in the context of this program are controversial. The consultant's study, however, found no evidence of actual unfairness or mishandling of cases resulting from commingling prosecutorial and judging functions under the present system. The consultant's report noted a continuing perception that there is a conflict of interest between FAA as final adjudicator and its role as overseer of the air traffic control system. The Administrator therefore has a legitimate interest in having some control over a related enforcement program.