The FAA knows no limit to their pettiness

[flyingron]

https://www.planeandpilotmag.com/news/the-latest/2020/12/03/faa-fires-designated-pilot-examiner/

 

[PeterNSteinmetz]

OTOH - we have a DPE here in Phoenix that definitely needs to be fired.

 

[PeterNSteinmetz]

It is not a matter of how fair or unfair an agency attempts to be. It’s a matter of fact that you have no legal recourse to ensure that they are fair to you. You do not have a presumption of innocence. You do not have the right to a trial by jury, or even an impartial judge.
You often grind this axe about how fair the Faa is, but that is irrelevant. All the things you mention are still relying on “fairness” that you have to hope for, by a bureaucrat that you can take no action against no matter the damage they do to you. If you don’t get that fairness, you have have to spend thousands to reverse even the silliest decision, and you are unable to exercise your privileges in the meanwhile.

I certainly agree that the administrative law which governs these agencies is very one-sided, favoring the agency, and probably should not be the way things are done.

But just to clear, as a citizen, not an employee or contracted person, you can take up an administrative case against an agency. And if you go through their administrative (some would say “kangaroo”) court in just the right way, preserving all the issues in just the right way, you can eventually appeal to an actual appellate court with a judge who is not employed by the agency or a similar one very favorably inclined to the agency.

That will take likely years and lots and lots of money. And in the meantime, you are living with the agencies decision.

What is the saying “justice delayed is justice denied”? It is a huge problem, in aviation and other matters dealing with our huge regulatory state.