Sec. 257. Termination of designees
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/bill/118/hr/3935/rh/section-257A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall update the Administration’s Designee Management Policy (FAA Order 8000.95B), or any successor order, to ensure due process and increase transparency in Federal Aviation Administration-initiated terminations of designees. In updating the Administration’s Designee Management Policy under subsection (a), the Administrator shall, at a minimum, provide for the following:
A process by which a designee— is notified of the root causes and reasons for a termination initiated by the Administrator; is notified of the change in a delegated authority to suspended or terminated during a Federal Aviation Administration-initiated termination; is provided a point of contact, who is independent of any investigation or termination action involving the designee, within the Administration, to correspond with for purposes of discussing the termination process and the designee’s status, including the handling of correspondence during the investigation process described in paragraph (2), if applicable, and the review panel described in paragraph (3); is notified of the results of the investigation described in paragraph
(2)in a reasonable and timely manner, which shall include notice of additional action by the Administrator, if required; and may respond within 30 calendar days to the Administrator if the Administrator determines that a termination for cause is the appropriate course of action and initiates such action. An investigation process to determine the appropriate outcome in situations in which termination is being considered by the Administrator, which shall include the following elements: The root causes and reasons for the investigation, including any complaints or allegations. Collection of evidence related to the investigation. A review of the facts and circumstances surrounding the case. A review of the designee’s record in the designee management system and any relevant background information in the appropriate Federal Aviation Administration databases to determine if there is a pattern of inappropriate behavior or misconduct. A review of the designee’s response to the investigation, if provided, to include any documentation provided by the designee. A decision on the appropriate course of action based on the results of the investigation. Recording the results of the investigation in the Federal Aviation Administration’s designee management system. A notification to the designee that an investigation has been initiated, but only after it is determined through an established process that such notification would not adversely impact the investigation or safety. A review panel to determine whether a termination is appropriate when termination for cause is a possible outcome upon the completion of the investigation described in paragraph (2), of which such review panel shall— consider the elements of the investigation process provided for under paragraph (2), including the designee’s response to the investigation and any associated documents, if provided; and complete the review process within 45 calendar days of the Administrator initiating a for cause termination decision of a designee. The Administrator shall set up a process through which a Designated Pilot Examiner terminated for cause may request a subsequent review by the Executive Director of the Flight Standards Service. A Designated Pilot Examiner terminated for cause may request a subsequent review described in paragraph
(1)not later than 15 calendar days after termination, The Executive Director shall review all relevant information and facts by which the decision was made to terminate the designee, including the information considered by the review panel, and issue a final determination. Such final determination shall be issued by the Director not later than 45 calendar days upon receiving the request. An Administration employee involved in the selection, appointment, or management of a designee the Administrator is investigating or terminating for cause may not be party— to an investigation described in subsection (b)(2) of such designee; or participating on a review panel described in subsection (b)(3) pertaining to such designee.