DPE Class Action Targets FAA Termination Policies

Lawsuit alleges loss of appeal rights and procedural protections.

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Key Takeaways:

  • Two former Designated Pilot Examiners (DPEs) have filed a class-action lawsuit against the FAA, alleging that recent policy changes led to their terminations and others' without adequate due process.
  • The lawsuit claims the FAA removed the appeal process for DPE terminations, replacing it with an insufficient "ability to respond."
  • Plaintiffs argue this policy shift significantly reduced their opportunities to challenge agency decisions, noting that "for cause" terminations often lacked detailed explanations.
  • The suit seeks class-action status and a judicial review of the FAA's DPE termination framework and related regulatory changes.
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Two former Designated Pilot Examiners (DPEs) filed a class action lawsuit on Tuesday against the FAA, alleging that recent regulatory and policy changes led to examiner terminations that occurred without established procedural safeguards. The complaint, filed in federal court in Florida, names the FAA and Administrator Bryan Bedford and seeks relief on behalf of other DPEs whose designations were ended under similar circumstances.

At issue are changes tied to FAA enforcement procedures and internal policy updates that, according to the filing, altered how the agency handles examiner removals. The plaintiffs said that earlier processes allowed for some level of review following a termination, but that those mechanisms were removed in recent years.

The complaint cites an FAA communication noting that “there was a policy change that removed the appeal process for terminations… An ‘ability to respond’ was implemented in place of the former ‘appeal.’”

The lawsuit argues that the shift reduced opportunities for examiners to challenge or respond to agency decisions before they take effect.

The filing also raises questions about how those changes have been applied in practice. It includes claims, for instance, that some DPEs were terminated “for cause,” yet were not provided with detailed explanations, making it difficult to respond to or challenge the terminations.

The plaintiffs further allege that the terminations have had downstream effects on employment and industry roles tied to FAA designations.

The case seeks class action status and asks the court to review the FAA’s current framework for DPE terminations, along with related regulatory changes.

Matt Ryan

Matt is AVweb's lead editor. His eyes have been turned to the sky for as long as he can remember. Now a fixed-wing pilot, instructor and aviation writer, Matt also leads and teaches a high school aviation program in the Dallas area. Beyond his lifelong obsession with aviation, Matt loves to travel and has lived in Greece, Czechia and Germany for studies and for work.

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Replies: 1

  1. Ah yes, The Flight Abolishment Agency is hard at it again.

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