Designee Reporting of Arrests/Indictments/Convictions

NOTICE

U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION

N 8000.385

National Policy

Effective Date:
07/31/2024
Cancellation Date:
07/31/2025

SUBJ:

Individual Designee Obligation to Report Arrests, Indictments, and Convictions

1. Purpose of This Notice. This Notice supplements FAA Order 8000.95C, Designee
Management Policy, to implement Section 408(a)(3) of the FAA Reauthorization Act of 2024,
Pub. L. No. 118-63 (May 16, 2024) (the Act). Section 408(a)(3) of the Act directs the Federal
Aviation Administration (FAA) to revise its orders and policies to clarify that certain individual
designees of the FAA Administrator are obligated to report arrests, indictments, or convictions
for violation of local, State, or Federal law within a period of time specified by the FAA
Administrator. This Notice imposes this requirement on all individual designees authorized to act
on behalf of the FAA Administrator and provides implementing instructions to Managing
Offices.
2. Audiences. The primary audiences for this Notice are FAA individual designees and the
FAA offices that manage their performance of authorized functions.
3. Where Can I Find This Notice. FAA employees can find this Notice on the MyFAA
employee website at https://employees.faa.gov/tools_resources/orders_notices/ and the Dynamic
Regulatory System (DRS) at https://drs.faa.gov. The public can find this Notice on the FAA’s
website at https://www.faa.gov/regulations_policies/orders_notices/ and on DRS at drs.faa.gov.
4. Background. Section 408(a)(3) of the Act requires the Administrator to revise its orders and
policies governing the Designee Management System to clarify that certain individual designees
are obligated to report any arrest, indictment, or conviction for violation of a local, State, or
Federal law within a period of time to be specified by the Administrator. Section 408(b) of the
Act defines affected designees as aviation medical examiners, pilot examiners, and technical
personnel examiners.
The FAA has existing policy addressing potential criminal activity by designees. Volume 1,
Chapter 2 of FAA Order 8000.95C states that designee applicants will be disqualified from
appointment for having certain criminal convictions within the prior 7 years. Vol. 1, Chapter 8
precludes the extension of a designee who has had an arrest or conviction. Vol. 1, Chapter 9
establishes that participation in illegal activity is a form of misconduct, which can lead to
termination of a designation for cause. That chapter also states that designee conduct that casts
doubt on the designee’s judgment, integrity, or character can lead to an investigation and be
grounds for termination. That order also contains detailed provisions addressing the FAA’s
investigation, suspension, and termination of individual designees. 49 USC 44702(d)(2) allows
the FAA to rescind a delegation at any time, for any reason the Administrator deems appropriate.

Distribution: Electronic

Initiated By: AVS-1

07/31/2024

N 8000.385

5. Policy. While the Act defines the affected designees as aviation medical examiners, pilot
examiners, and technical personnel examiners, this Notice imposes the Act’s reporting
requirement on all individual designees authorized to act on behalf of the Administrator.
Therefore, effective with this Notice:
a. All individual designees authorized to act on behalf of the Administrator must report in
writing any arrest, indictment, or conviction for violation of local, State, or Federal law to their
managing specialist (MS) within 30 days of such arrest, indictment, or conviction.
b. Upon receipt of the reported arrest, indictment, or conviction, the MS must suspend the
designee and initiate an investigation to determine the appropriate course of action.
c. The investigation shall be conducted in a timely manner, and termination action or
removal of suspension will be timely made based on the results of the investigation and the
totality of information and circumstances. If the investigation determines termination of the
designation is warranted, the MS will follow the termination procedures in Order 8000.95C,
Volume 1, Chapter 9.
d. Managing Offices will forward all individual designee reports of arrests, indictments, and
convictions and the results of the Managing Office investigation to the Organization Designation
Authorization (ODA) Office (AVS-60) at [email protected].
6. Distribution. This notice is available for general access by FAA staff and the public on the
FAA website at https://www.faa.gov/regulations_policies/orders_notices/ and DRS.
7. Deviations. It is necessary to adhere to the procedures contained in this Notice in order to
achieve uniform administration of this directive material. Any deviation to this Notice must be
approved by AVS-60.
8. Disposition. The FAA expects that the contents of this Notice will be incorporated into
Order 8000.95 during the next revision. Direct questions or comments concerning the
information in this Notice to [email protected]. AVS-60 welcomes
and will consider all suggestions or comments regarding this Notice.
Digitally signed by David
H. Boulter
Date: 2024.07.30
15:10:08 -04'00'

David H. Boulter
Associate Administrator for Aviation Safety

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