Federal Transportation, FAA and Marine Cases
Federal Aviation Administration (FAA) Licenses and Permits
The FAA licenses aircraft, airlines, airmen, airports, commercial space transportation and issues medical certificates. The FAA also licenses vintage and antique aircraft. The FAA’s category of “airmen” includes recreational pilots, commercial pilots, flight instructors, flight engineers, aircraft dispatchers, and aircraft mechanics Disciplinary matters before the FAA begin with a Notice of Proposed Certificate Action or a Notice of Proposed Civil Penalty. A United States Department of Transportation Administrative Law Judge often conducts FAA National Transportation Safety Board (NTSB) Administrative Law disciplinary Hearings.
Transportation Security Administration (TSA) Transportation Worker Identification Credential (TWIC)
Federal law requires that many port and transportation workers obtain a Transportation Worker Identification Credential, or TWIC . A TWIC applicant with a criminal history or other adverse background will often be issued a Preliminary Determination of Ineligibility. A Preliminary Determination of Ineligibility is also known as an “Initial Determination of Threat Assessment” letter, or IDTA letter. Depending on the reasons for denial, a TWIC applicant denied a TWIC can file either a TWIC Appeal or TWIC Waiver with the TSA. If the TWIC Appeal or Waiver is denied, further review can be sought in a Hearing before a United States Coast Guard Administrative Law Judge.
U.S. Coast Guard Merchant Mariner Credential
The United States Coast Guard requires all Merchant Mariners to obtain a Merchant Mariner Credential, or MMC. Merchant Mariners with a criminal history or other adverse background will often be denied a Merchant Mariner Credential. If the United States Coast Guard denies a Merchant Mariner Credential, a Request for Reconsideration of the denial must be filed with the United States Coast Guard’s National Maritime Center, or NMC. If a Request for Reconsideration is denied, further review can be sought through United States Coast Guard Headquarters.
Federal Maritime Commission Ocean Transportation Intermediary (OTI)
The Federal Maritime Commission (FMC) issues Ocean Transportation Intermediary (OTI) licenses to freight forwarders and shipping companies. Prior to issuing an OTI license, the FMC Bureau of Certification and Licensing determines whether an applicant and the Qualifying Individual for a license has the necessary character to receive an OTI license. If a license is denied or disciplined, an OTI license holder or Qualifying Individual may request a Hearing before a Hearing Officer designated by the Secretary of the Federal Maritime Commission. The same Administrative Law process applies when an OTI or Qualifying Individual receive a civil penalty.
Federal Motor Carrier Safety Administration (FMCSA)
The Federal Motor Carrier Safety Administration, or FMCSA, regulates and disciplines motor carriers for safety violations. The FMCSA holds Administrative enforcement proceedings for motor carrier violations and motor carrier civil penalty assessments. FMCSA enforcement actions target motor carriers, intermodal equipment providers, brokers, freight forwarders, and hazardous materials. The FMCSA maintains an Informal Hearing process to oversee the disciplinary process.
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