During these tests, Finefrock informed Rowray of the work that had been done on the plane. The FAA withdrew its order of suspension. Should have been MS 20365-624. The FAA concedes that the conduct constituting Counts III and V occurred more than six months prior to the issuance of the Emergency Order of Revocation. First, if the complaint alleges a lack of qualifications, the ALJ is required to determine whether the complaint presents an issue of qualifications, assuming the allegations to be true.
Qualifications cover more than technical proficiency, also, including judgment and integrity.
Second, if the complaint presents an issue of qualifications, then the matter proceeds to a hearing on the issue of qualification. The FAA's instant complaint presents an issue of qualifications because Count III alleges Thunderbird intentionally falsified required records and Count V alleges Thunderbird operated while under suspension. These allegations alone implicate Thunderbird's qualifications. We review legal conclusions de novo but must accept findings of fact as conclusive if they are supported by substantial evidence. To prove intentional falsification, the FAA must show Thunderbird made a knowing misrepresentation of a material fact in a required record.