Ashley Hunt Greenwood v. Federal Aviation Administration
Opinion
Opinion
Boochever, J.
Opinion by Judge BOOCHEVER.
Petitioner-appellant, Ashley Greenwood, challenges the suspension and nonrenewal of his designation as a pilot examiner by the Federal Aviation Administration (“FAA”). The only issues properly raised are claimed due process violations, and we find that Greenwood’s procedural due process rights were not violated. Accordingly, we affirm.
BACKGROUND
Ashley Greenwood was a designated pilot examiner for fourteen years pursuant to § 314(a) of the Federal Aviation Act (“FA Act”), 49 U.S.C. app. § 1355(a) (1988), which allows the FAA to delegate to an examiner the authority to test pilots and to issue pilot certificates. The pilot examiner designation (“PED”) is a one-year designation, renewable at the discretion of the Secretary of Transportation. A PED can be revoked, terminated, not renewed or suspended at any time and for any reason deemed appropriate by the Secretary. 49 U.S.C. app. § 1355(a). The FAA has, however, developed internal procedures to guide the suspension, nonre-newal, or termination of a PED. See FAA Order 8700.1, § 9 (1989).
On May 13,1992, Greenwood was informed that his PED was temporarily suspended pending an investigation of an…