Administrative or Informal Action. Notwithstanding the cri- teria in Chapter 5 of FAA Order 2150.3B, possible noncompliance with 14 CFR disclosed in a non sole-source ASAP report that is covered under the program and supported by sufficient evidence will be addressed with administrative action (i.e,. a FAA Warning Notice or FAA Letter of Correction as appropriate for administra- tive action) or informal action (i.e. oral or written counseling). Sufficient evidence means evidence gathered by an investigation not caused by, or otherwise predicated on, the individual’s safety- related report. There must be sufficient evidence to prove the vio- lation, other than the individual’s safety-related report. In order to be considered sufficient evidence under ASAP, the ERC must determine through consensus that the evidence (other than the indi- vidual’s safety-related report) would likely have resulted in the pro- cessing of a FAA enforcement action had the individual’s safety- related report not been accepted under ASAP. If the ERC deter- mines that sufficient evidence supports a violation for an accepted non-sole-source report, in order to close ASAP report with FAA informal action the ERC must employ the Enforcement Decision Tool (EDT)-Individual matrix and associated guidance found in FAA Order 2150.3B, Appendix F, to determine, through ERC con- sensus under the ASAP process, whether FAA informal action (and corrective action, if appropriate) is warranted. Accepted non sole- source reports for which there is not sufficient evidence will be closed with a FAA Letter of No Action.
Administrative or Informal Action. Notwithstanding the criteria in Chapter 5 of FAA Order 2150.3B, as amended, possible noncompliance with 14 CFR disclosed in a non-sole-source ASAP report that is covered under the program and supported by sufficient evidence will be addressed with administrative action (i.e., a FAA Warning Notice or FAA Letter of Correction, as appropriate for administrative action) or informal action (i.e., oral or written counseling). Sufficient evidence means evidence gathered by an investigation not caused by, or otherwise predicated on, the individual's safety-related report. There must be sufficient evidence to prove the violation, other than the individual's safety-related report. In order to be considered sufficient evidence under ASAP, the ERC must determine through consensus that the evidence (other than the individual's safety-related report) would likely have resulted in the processing of a FAA enforcement action had the individual's safety-related report not been accepted under ASAP. Before the ERC can close a non sole-source ASAP report/event supported by sufficient evidence with informal action, the ERC will utilize all information, facts and circumstances learned in its investigation to support their consensus that the violation/event is not of significant risk. Accepted non sole-source reports for which there is not sufficient evidence will be closed with a FAA Letter of No Action.
