792 F.3d 144
D.C. Cir.2015Background
- Ducote held an Airline Transport Pilot certificate but lacked the necessary type-rating to operate the Bahamas flight.
- He co-piloted Bahamas flights on June 6 and June 10, 2010, carrying passengers between the U.S., Bahamas, and back to the U.S.
- Ducote’s personal log accurately recorded the Bahamas flights, but he submitted a log to the FAA investigator that omitted those flights and showed a fictional domestic flight he would have been qualified to fly.
- The FAA issued an emergency order revoking Ducote’s pilot certificate; Ducote admitted the Bahamas flights and the log discrepancy.
- ALJ dismissed Count 4 (and related allegations) as stale or not sufficiently pled; Board affirmed on alternative grounds and relied on a credibility finding attributed to the ALJ.
- The court grants the Administrator’s petition for review, vacates the Board’s determinations on several counts, and remands for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the Board’s stale-complaint dismissal of Count 4 proper? | Ducote; complaint facially alleged lack of qualification and satisfied the stale rule. | Board required heightened pleading showing of seriousness to elevate to lack of qualification. | No; Board misapplied the stale-complaint rule; vacate and remand. |
| Did the Board improperly rely on an ALJ credibility determination that the ALJ did not make? | Ducote; no ALJ credibility finding on the June 10 record; error to adopt one. | Board adopted credibility finding as to intent to falsify from the ALJ’s ruling. | Yes; vacate count based on improper reliance and remand. |
Key Cases Cited
- Thunderbird Propellers, Inc. v. FAA, 191 F.3d 1290 (10th Cir. 1999) (one intentional falsification can warrant lack of qualification)
- Pasternack v. NTSB, 596 F.3d 836 (D.C. Cir. 2010) (substantial evidence standard applies to agency findings)
- Van Dyke v. NTSB, 286 F.3d 594 (D.C. Cir. 2002) (credibility findings must be explicit and supported by record)
- Gonzalez v. Thaler, 132 S. Ct. 641 (2012) (jurisdictional questions not easily characterized; not always jurisdictional)
- Reed Elsevier, Inc. v. Muchnick, 559 U.S. 154 (2010) (requirement to file not jurisdictional; procedural thresholds can be nonjurisdictional)
- In re Sealed Case, 131 F.3d 208 (D.C. Cir. 1997) (substantial federal interest decision involves prosecutorial discretion)