Under the new rules, appeals of security-related revocations are heard by an Administrative Law Judge. Formerly called Hearing Officers, these judges preside over hearings and appeals involving government agencies. If the affected airman disagrees with the judge’s decision he or she can appeal to the Transportation Security Oversight Board, a very powerful group made up of the Secretary of Transportation, Attorney General, Secretary of Treasury, Secretary of Defense and a representative of either the National Security Council or the Office of Homeland Security. As foreboding as it sounds, Martin said it’s unlikely the average pilot needs to worry about facing that crowd. The original rule was established to pull the certificates of 11 foreign nationals who were on a terrorist watch list. In fact, the certificates were pulled long before the legislative formalities were looked after. Martin said he’s unsure whether those originally targeted can apply the new rules retroactively for a third-party appeal. But he also said that’s not likely to be an issue because they aren’t even allowed in the country, much less allowed to hold a pilot’s certificate.
