On May 28, ARSA Executive Vice President Christian Klein informed congressional staff of an ongoing lawsuit against the FAA alleging violations of the Administrative Procedure Act and the Fifth Amendment to the U.S. Constitution.

The suit alleges the unlawful termination of FAA designees and the improper promulgation and enforcement of rules that deprive those designees of procedural due process. Klein’s message provided professional staff on congressional committees with jurisdiction over aerospace matters with a copy of the class-action complaint and introduced the attorney representing the plaintiffs.

The named plaintiffs brought the suit on behalf of all terminated designees, including designated pilot examiners (DPEs), designated engineering representatives (DERs), and designated mechanic examiners (DMEs). The complaint highlights multiple alleged failures in FAA administrative action resulting in harm to designees, particularly the agency’s position that part 13’s rules establishing due process standards do not apply to individuals serving at the government’s discretion who are not employees or certificate or approval holders.

“The litigation raises important administrative law questions and has implications for the efficiency of the aviation sector, because FAA designees are a vital part of the regulatory compliance ecosystem,” Klein said in his message.

To read the full complaint, filed with the United States District Court for the Middle District of Florida, click here.

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