LITIGATION DIVISION  (AGC-400)

                                                                                                                     The Litigation Division (AGC-400) provides legal services to the FAA and its employees in aircraft accident investigation and associated litigation.  It also processes tort claims; secures Department of Justice representation for FAA employees sued in their individual capacities; represents the FAA before the federal courts of appeals in petitions to review agency orders; handles requests for employee testimony in matters of private litigation; and prepares the Administrator's opinions in civil penalty cases on appeal.  

Three branches exist within the Litigation Division:  (1) the General Administrative & Litigation Branch, AGC-410; (2) the Accident Counsel's Branch, AGC-420; and (3) the Adjudication's Branch, AGC-430.

One of the primary responsibilities of AGC-410, -420, and the senior attorneys within AGC-400 is assisting the Department of Justice in defending wrongful death, personal injury, and property damage lawsuits that arise out of the alleged negligence or other tortious conduct of FAA employees.  These type lawsuits are controlled by the terms of the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346, 2671, et seq.  Pursuant to the FTCA, before any such lawsuit can be filed, the claimant(s) must timely file an administrative tort claim with the FAA and otherwise comply with the regulations pertaining to such tort claims.  The failure to do so can result in a claimant's potential lawsuit being forever barred.  The links below are provided to assist claimants in complying with the administrative tort claim procedures so as to avoid this potentially harsh result.

Standard Form 95 (or SF-95) is the form used for filing an administrative tort claim with the FAA (or any other Federal agency. Copies of this form also can be obtained from other sources.  The filing of administrative tort claims against Federal agencies is governed by Federal regulations 28 C.F.R. Part 14.  For a copy of these regulations formatted in Adobe Acrobat, press here.

Federal regulations 14 C.F.R. Part 15, which supplement 28 C.F.R. Part 14, are specifically directed to the filing of administrative tort claims with the FAA.  For a copy of these regulations formatted in Adobe Acrobat, press here.

In addition, the Litigation Division (AGC-400) processes requests for testimony of FAA employees in matters of private litigation (i.e., cases where the United States or FAA is not a named party).  All such requests should comport with the procedures set forth in Federal regulations 49 C.F.R. Part 9.  These regulations address how to request the testimony of Department of Transportation employees, and the limitations on the testimony that can be provided.  Among other things, these regulations preclude FAA employees from testifying at trial; preclude litigants from attempting to secure the testimony of FAA employees through the use of a subpoena; and preclude FAA employees from offering opinion or expert testimony.  For a copy of these regulations formatted in Adobe Acrobat, press here.

Under Federal regulation 14 C.F.R. §13.202, the Administrator of the FAA serves as the "decisionmaker" on appeals from the decisions of the Department of Transportation administrative law judges in civil penalty cases.  Under Federal regulation 14 C.F.R. §13.203, the Adjudications Branch (AGC-430) is the arm of AGC-400 that, along with the Assistant Chief Counsel for Litigation (AGC-400), advises the Administrator on such matters.

Press here for decisions and orders of the Administrator in civil penalty actions, as well as indexes of the decisions and orders, the procedural rules, and other useful information regarding civil penalty matters.  Press here for materials filed with the FAA Hearing Docket in non-security civil penalty actions in which the complaints were filed on or after December 1, 1997.

Contact Information

Telephone (202) 385-8253

FAX (202) 493-5020

Personnel