Boeta v. Federal Aviation Administration

WIENER, Circuit Judge:

Petitioner Richard Boeta appeals the final decision of the National Transportation Safety Board (“NTSB”), affirming the initial decision of an Administrative Law Judge (“ALJ”) which upheld the Federal Aviation Administration’s (“FAA”) sixty days suspension of Boeta’s air transport pilot certificate. For the reasons hereafter set forth, we (1) grant Boeta’s petition Tor review of the NTSB’s final decision; (2) reverse that decision with respect to Boe-ta’s waiver-of-sanction defense; (3) vacate the FAA’s sixty days suspension of his air transport pilot certificate; and…