EAA Comments to Uphold Due Process and Fairness in Investigative Process

May 16, 2019 - EAA is providing comments to the February 12, 2019, notice of proposed rulemaking titled "Update to Investigative and Enforcement Procedures."

EAA has always worked to promote the freedom of aviation. The proposed rulemaking changes make parts of the investigative process unnecessarily tough on general aviation members and conflict with notions of due process and fairness, the Pilot’s Bill of Rights, and the intent of FRCP 4.

Some of the proposed changes include the removal of the power to "take depositions or require them to be taken" in § 13.37 subsection (e) and § 13.205 (a)(3). And proposed (a)(3) requires an answer to be filed within three days after receipt of the complaint instead of the 10 days currently given per 49 CFR 821.53.

These examples are just a few of the changes that are inconsistent with fundamental notions of fairness in the judicial process. EAA's comments are available online in full. EAA will continue to monitor the proposed policies as they develop.