In yet another intentional falsification case in which the NTSB’s initial decision was reversed by a U.S. Court of Appeals, the Board has remanded the case back to the administrative law judge (“ALJ”) for a hearing to consider the airman’s state of mind at the time he completed the medical certificate applications upon which the FAA is basing its case. Administrator v. Manin involved the FAA’s claim that the airman had intentionally falsified several medical applications by failing to disclose two domestic violence/disorderly conduct convictions.
The airman appealed the FAA’s emergency revocation order to the NTSB, arguing that the FAA’s claims were barred by the doctrine of laches, the stale complaint rule and the fact that he was not aware that the two convictions, which were apparently designated as “minor misdemeanors” under Ohio law, needed to be disclosed. Both parties moved for summary judgment on the FAA’s claims. After a hearing on the motions, at which both the airman and the FAA presented evidence, the ALJ granted the FAA’s motion for summary judgment and dismissed the airman’s defenses. The ALJ determined that the FAA had “proceeded diligently” with the case and that the “minor misdemeanors” were still misdemeanors that needed to be disclosed on the medical application.
The airman appealed the ALJ’s decision to the full Board which affirmed the ALJ’s decision. The Board concluded that the airman’s laches and stale complaint rule arguments “did not present a genuine issue of material fact that was sufficient to overcome disposition by summary judgment.” According to the Board, since the FAA alleged that the airman lacked qualifications to hold an airman certificate, the stale complaint rule was not applicable. Similarly, it did not consider the doctrine of laches a sufficient basis for reversing the ALJ’s decision. Finally, the Board agreed with the ALJ’s finding that the airman should have known that the “minor misdemeanors” needed to be disclosed.
However, the Court of Appeals for the District of Columbia Circuit disagreed with the Board and granted the airman’s appeal. The Court stated that the airman could assert a laches defense even though the stale complaint rule was inapplicable, but the airman would need to establish that he suffered actual prejudice to his ability to defend himself by the FAA’s delay. The Court also held that the Board should have considered the airman’s subjective understanding of the question on the medical certificate applications.
Based upon the Court’s decision, the Board determined that it must remand the case to the ALJ. With respect to the airman’s laches argument, the Board instructed the ALJ to consider whether the airman proved he suffered actual prejudice and whether he articulated how the delay specifically harmed him and provided evidence to support the defense.
The Board also observed that, based upon the Court’s decision and the Board’s decisions after it denied the airman’s initial appeal, summary judgment is an improper means for disposing of intentional falsification cases. It then instructed the ALJ to make specific credibility findings concerning the airman’s state of mind at the time he completed the applications in order to rule on the airman’s defense that he didn’t believe he needed to disclose his “minor misdemeanor” convictions.
At least now the airman will get a hearing on his defenses. It is unfortunate that he had to appeal to the Court of Appeals to get it. Hopefully now that several courts of appeal have forced the Board to establish precedent in intentional falsification cases, airmen will get their day in court the first time around. Of course, airmen will still need to persuade the ALJ on the merit of their defenses, which will remain a daunting task.
