[Denny of Oakland]

First I am not a lawyer and cannot give legal advice. If you want or need legal advice please contact an aviation attorney. However the information I am giving you can be researched from the documents I am referencing so you can make your own determination.

The below statements were taken for FAA Order 2150.3 and is one of two orders the FAA inspector will follow in cases such as this. The inspector will use FAA order 8300.10 Vol.3, Chapter 18 for reexamination of airman, which may be in the case the Accountable manager and chief inspector.

I assume both hold airframe and powerplant certificates other wise the inspectors would not be requesting reexamination.

Authority. Title 49 of the United States Code (49 U.S.C.) § 44709 (formerly 609 of the FA Act of 1958) authorizes the Administrator to reexamine any airman at any time. If an airman fails to comply with a request for reexamination, § 44709 provides legal procedures to enforce reinspection or reexamination. Punitive enforcement action may be undertaken during the reexamination process, as necessary. FAA Order 2150.3, Compliance and Enforcement Program, contains derailed information on the enforcement aspects of § 44709 actions.

Cause for Reexamination. The reconsideration of an airman's competence is a serious issue and requires that there be ample cause. In most cases, a reexamination will follow the investigation of an accident or incident apparently caused by the airman's incompetence.

Emergency suspension or revocation of a certificate should be used only as an emergency safety measure and to provide immediate protection to the public. Therefore, emergency actions should be taken as soon as possible after the need for such action becomes apparent.

Under Title 49 USC 44709 the two people involved received a letter stating something like this:

Investigation of the [accident, incident, occurrence, or other event that led to the re-examination], that occurred on [date] at approximately [time] at [location], involving you as [describe airman’s role], gives reason to believe that a re-examination of your airman competency is necessary under Title 49 USC Section 44709(a).

The above the standard format airman are sent and it goes on to read you have X-mount of days to contact the local FSDO.

Refusal to submit to reexamination. Under Section 609 of the FA Act, an airman may be requested to submit to medical reexamination if there is a reasonable basis to believe that the airman may not be qualified. If the airman refuses or fails, within a reasonable time, to submit to the reexamination, emergency action, using procedures set out in paragraph 1202h (Order 2150.3), should be taken to suspend the airman medical certificate pending reexamination and a determination that the airman is medically qualified.

In no way should it suggest that the FAA considers the reexaminationa punishment for an act the airman may have committed. I can only assume the FAA is not using this a punishment, but because of the airman's lack of competence while excising the privileges under the A&P certificate.

Remember just because you work for a Repair Station is does not protect you A&P certificates if you do something wrong. Both the repair station and certificate holder (mechanic) can be held liable at the same time. Surrendering a certificate does not necessary get the person off the hook either. Remember this is about lack of competence with the individual.

You have to remember part 145 refers to part 43 that refers to part 65 and a mechanic, repairman, or certificate holder is held accountable for their actions, if they did something wrong. I assume they turned in the repair station certificate because they did something wrong. So why wouldn’t the accountable manager and chief inspector not be responsible as they are the two that sign off on everything and part 145 make the accountable manager fully responsible. The chief inspector can be just as responsible if it is written in the part 145 repair station manual.

In parting I would suggest the two individuals study and pass the required tests to show they do not lack the knowledge or competence.

I don’t’ think it smells at all, but that is just one man’s opinion.