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How to Prepare for an FAA Informal Conference

A Notice of Proposed Civil Penalty arrived, and you have the right to request an informal conference with the FAA’s attorney before any order issues. It is your best early chance to present mitigating evidence and resolve the matter — and the operator who walks in with complete, organized records is in a far stronger position. Here is how to prepare, what to expect, and why you should not do it without counsel.

Chad Griffith, Founder & CEO, FileFloReviewed: June 15, 202614 min read

This is general compliance document information, not legal advice. An informal conference is part of a real FAA enforcement process and is fact-specific. Retain a qualified aviation attorney before you request a conference or respond to a Notice of Proposed Civil Penalty, and never alter a record after the fact.

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Direct Answer — The FAA Informal Conference in Brief

An FAA informal conference is a meeting with the FAA agency attorney that you may request after receiving a Notice of Proposed Civil Penalty — a chance to present mitigating evidence and negotiate before a final order issues. The right to request it is named in the regulation: 14 CFR §13.16(f)(2)(iii) for a company or operator, and 14 CFR §13.18(d) for an individual acting as a pilot, flight engineer, mechanic, or repairman. It is informal — no judge, no sworn testimony, no formal evidence rules — but it sits inside a real enforcement process that can end in a civil penalty or certificate action. To prepare: retain an aviation attorney before you request it, calendar the response deadline (generally 30 days under §13.16(f)), and assemble a complete, dated, organized record of the documents the matter turns on. The sanction methodology the FAA uses lives in guidance — FAA Order 2150.3. If you received a Notice of Proposed Civil Penalty, talk to a qualified aviation attorney now.

A meeting
With the FAA agency attorney — present mitigation, try to resolve
14 CFR §13.16(f)(2)(iii)
~30 days
Window to choose your response to the proposed penalty
14 CFR §13.16(f)
Not a hearing
No judge or sworn testimony — but a real enforcement process
FAA Order 2150.3 (guidance)

Bring counsel — this is general document information, not legal advice

The conference is your right under 14 CFR §13.16, but it is part of a legal-enforcement matter where the FAA is represented by an attorney. Retain a qualified aviation attorney before you respond. This article explains the process and the records you bring; it does not tell you what to say or how to negotiate — that is your attorney’s job.

What an FAA Informal Conference Actually Is

When the FAA decides to pursue a monetary sanction, it does not simply send a bill. It begins with a Notice of Proposed Civil Penalty — a document that states the charges and the amount the FAA proposes to assess. Under 14 CFR §13.16(f), that notice opens a window — generally 30 days — in which you choose how to respond. One of those choices, spelled out at §13.16(f)(2)(iii), is to submit “a written request for an informal conference to discuss the matter with the agency attorney and to submit relevant information or documents.”

That sentence is the whole concept. The informal conference is a working meeting — usually with the FAA agency attorney handling your case — where you (through counsel) can lay out your side of the facts, hand over mitigating documents, correct misunderstandings, and try to settle the matter for something less than what was proposed, or to have it dropped. It is “informal” in a specific sense: there is no administrative law judge, no witnesses under oath, and no formal rules of evidence. It is a conversation and a document exchange, not a trial.

What the informal conference is — and is not

It IS

  • A meeting with the FAA agency attorney on your case
  • A chance to present mitigating facts and documents
  • An opportunity to negotiate or resolve the proposed sanction
  • A procedural right named in 14 CFR §13.16(f)(2)(iii) / §13.18(d)

It is NOT

  • A formal hearing — no judge, no sworn testimony
  • Governed by formal rules of evidence
  • A place to go without an aviation attorney
  • Legal advice from this article — confirm everything with counsel

A point that confuses many operators: the same right exists whether the FAA is pursuing your company or you as an individual airman. For a person other than an individual acting as a pilot, flight engineer, mechanic, or repairman, the civil-penalty procedures — including the informal-conference request — are in 14 CFR §13.16. For an individual acting in one of those roles, the parallel procedures, with the same informal-conference option, are in 14 CFR §13.18.

If you are still trying to figure out whether what you received is even an enforcement action — versus a compliance action or a warning — start one step earlier with our guide on FAA compliance action vs enforcement and the companion piece on the Letter of Correction vs Warning vs Letter of Investigation. An informal conference belongs to the enforcement track, after a proposed sanction — not to the lighter administrative letters.

Where the Informal Conference Sits in the Enforcement Process

The informal conference is one stop on a longer road. Seeing the whole road makes it obvious why this stop matters so much: it is the last off-ramp before the matter formalizes into an order you would have to appeal.

1

Investigation (often a Letter of Investigation)

The FAA looks into an apparent violation, frequently after an audit or ramp check, and may send a Letter of Investigation (LOI) inviting a response. This is before any penalty is proposed.

2

Notice of Proposed Civil Penalty

Under §13.16(f), the FAA initiates the action by sending a notice stating the charges and the proposed amount. This starts the ~30-day clock to choose a response.

3

Your response — including the informal conference

Within the window you may pay, contest in writing, request a reduction, request an informal conference to discuss it with the agency attorney (§13.16(f)(2)(iii)), or request a hearing. The conference is where mitigation is presented.

4

Order assessing a civil penalty (if unresolved)

If the matter is not resolved, the FAA can issue an order assessing a penalty. Contesting it formally moves to a hearing before a DOT administrative law judge.

5

Formal hearing & appeal

A civil penalty is heard by a DOT administrative law judge; a certificate action is appealed to the NTSB. This is the slow, expensive, higher-risk end — which is why operators try to resolve earlier.

Where the case is heard depends on the amount

14 CFR §13.16 routes the forum partly by dollar amount. The FAA assesses civil penalties administratively up to certain thresholds; under §13.16(b), U.S. district courts have exclusive jurisdiction for amounts above $50,000 for an individual or small business concern and above $400,000 for other persons. The informal conference happens within the administrative process, before any of that is decided. Which forum applies to your matter is a legal question for counsel.

The conference also intersects with timing-sensitive strategy that only an attorney can advise on. If a matter has not yet hardened, there may have been a window to self-disclose under a voluntary program — see VDRP voluntary disclosure for Part 135 and NASA ASRS reports and enforcement protection. And if the FAA already requested your records during the investigation, how that was handled matters — see responding to an FAA records request during an investigation.

The conference runs on the records you bring

Before you sit across from the FAA’s attorney, know exactly where your aviation records stand. See your document readiness in minutes.

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How to Prepare: A Step-by-Step Approach

Preparation for an informal conference is less about rehearsing a speech and more about counsel plus evidence. The operators who do best are the ones who engaged an attorney early and walked in with an organized, complete documentary record. Here is the sequence, with the caveat that every case-specific decision belongs to your attorney.

1

Retain an aviation attorney — before you request the conference

This is the first move, not the last. The request itself and everything you say at the conference can affect the outcome. An experienced aviation attorney knows the FAA sanction guidance, knows what mitigation actually works, and keeps you from inadvertently strengthening the case. Do not request a conference, and do not respond to the notice, without counsel.

2

Read the notice closely and calendar every deadline

The Notice of Proposed Civil Penalty states the charges, the proposed amount, and your response options. Under §13.16(f) you generally have 30 days to act. Diary the deadline and any interim dates immediately — letting the clock run out is the costliest mistake in the whole process.

3

Assemble the documentary record tied to the alleged violation

Pull the specific records the charges turn on — the training file, maintenance record, duty record, manual revision, or certificate at issue — plus the surrounding history that shows context. Gaps and missing documents weaken even a strong factual position.

4

Document any corrective action already taken

If you have already fixed the root cause — retrained a crewmember, corrected a procedure, updated a manual — assemble dated, verifiable proof. Corrective action and a clean compliance history are exactly the kinds of mitigating evidence the conference exists to weigh. Never back-date or alter a record to manufacture it.

5

Organize it into a clean package your attorney can hand over

A complete record presented in a disorganized pile undercuts itself. Index it, date it, and make it instantly retrievable so your attorney can present a tidy, credible package to the agency attorney — and so you can produce any follow-up document on request without scrambling.

6

Let counsel lead the conversation and the negotiation

At the conference, your attorney frames the facts, presents the mitigation, and negotiates. Your job is to provide accurate information and the records behind it — not to argue the law or volunteer statements that have not been thought through with counsel.

One rule that overrides everything: never alter a record

The instinct to “tidy up” a file before handing it over is dangerous. Back-dating, editing, or recreating a record after the FAA is involved can become its own, more serious violation — including falsification under 14 CFR Part 13 and related rules. Preserve everything exactly as it stands and let counsel decide what to present. See our guide on FAA fines for Part 135 paperwork violations for how documentation failures escalate.

The Mitigating Records You Bring to the Table

Whatever the alleged violation, the informal conference is fundamentally an evidence exchange. The stronger and more complete your documentary record, the more your attorney has to work with — both to contest the facts and to support a reduced sanction. These are the categories that come up most often.

Record categoryWhy it matters at the conference
Records tied to the specific chargeThe training, maintenance, duty, or certification record the alleged violation turns on — the primary evidence of what actually happened
Proof of corrective actionDated evidence the root cause was fixed (retraining completed, procedure updated, record corrected the right way) — core mitigation
Compliance historyA clean, complete history that frames the matter as an isolated event rather than a pattern of disregard
Currency and qualification recordsCrew currency, medicals, checkrides, and aircraft inspection currency that show the operation was otherwise in good standing
Manuals and authorizationsThe controlling manual revision, OpSpecs, or authorization in effect at the time — context the FAA attorney needs to assess the charge fairly

None of this is about gaming the FAA. It is the opposite: the operator with current, complete, immutable records and a documented corrective-action habit usually is the well-run operator they claim to be — and the records simply let them prove it quickly and credibly. The operator who cannot locate a training record, or whose entries do not match the work performed, has a harder story to tell even when the underlying mistake was innocent. For the records inspectors and attorneys reach for first, see the aviation records retention schedule and the most common FAA audit findings for Part 135.

FileFlo Is the Records Layer You Bring to the Conference

FileFlo is a compliance document intelligence platform — the proof layer for your records. It does not represent you to the FAA, attend the conference, negotiate, file appeals, give legal advice, run your safety program, or guarantee any outcome. Those belong to you and to qualified aviation counsel. What FileFlo does is keep the document set behind an enforcement matter — current, complete, immutable, and instantly retrievable — and help you document the corrective action that mitigation depends on.

  • Classifies and indexes your aircraft, crew, training, and maintenance records so the matter looks like the isolated event it is, not a pattern
  • Tracks currency and expirations so fewer deviations happen in the first place — and fewer notices ever arrive
  • Preserves an immutable, version-tracked history — the integrity that keeps a record set defensible and away from any falsification question
  • Captures corrective-action documentation (root cause, completed training, verified re-entry) that supports a reduced sanction
  • Produces an inspector-ready records index on demand, so handing your attorney a clean package is a button, not a scramble

FileFlo classifies 600+ document types and manages records across Part 91, Part 135, and Part 145 operators. Pricing: Starter $89/mo, Professional $299/mo. 5-day free trial, no credit card required. FileFlo keeps the documents that prove compliance audit-ready — it is not an SMS, a dispatch/flight-operations system, an attorney, or a guarantee of any FAA outcome.

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What to Expect in the Room

Because it is informal, there is no fixed script — but the shape is fairly consistent. Understanding it helps you and your counsel walk in prepared rather than surprised. (How any specific conference unfolds, and what is said, is something to plan with your attorney.)

Who is there

Typically the FAA agency attorney handling the case, sometimes with the inspector who developed it, and you with your aviation attorney. It can be in person or by phone/video.

What is discussed

The alleged facts and regulations, your documentary evidence and mitigation, the proposed sanction, and whether the matter can be resolved or reduced — often with your attorney doing most of the talking.

What you provide

Relevant information and documents, as §13.16(f)(2)(iii) contemplates. This is where the organized record package earns its keep — and where you may be asked for follow-up documents.

What can come of it

A range of outcomes: the matter dropped or reduced, a settlement, a path to a compliance-oriented resolution, or — if unresolved — continuation toward an assessed penalty and a possible hearing. Outcomes are case-specific.

A word on the numbers

Civil penalty maximums come from 49 U.S.C. §46301 and are inflation-adjusted under 14 CFR §13.301. For violations on or after December 30, 2024, the general per-violation maximum under §46301(a)(1) is $75,000 for a person that is not an individual or small business concern and $1,875 for an individual, small business, or airman. Those are maximums — the proposed amount in your notice may be lower, and mitigation presented at the conference can support a reduction. Always confirm the current adjusted figures against §13.301, and discuss your specific exposure with counsel. For the appeal mechanics if a penalty is assessed, see the FAA civil penalty appeal process.

Mistakes That Make an Informal Conference Worse

The informal conference is an opportunity — but it is easy to squander or even backfire. These are the errors aviation attorneys see most often. Avoiding them is largely about discipline and preparation, not luck.

Going in without an attorney

The FAA is represented by counsel; you should be too. An unrepresented operator can volunteer statements that strengthen the case or miss mitigation that would have helped.

Missing the response deadline

Under §13.16(f) the clock is generally 30 days. Let it lapse and you may forfeit the chance to negotiate before an order issues. Calendar every date the day the notice arrives.

Altering or back-dating records

The single most dangerous move. Editing a file after the FAA is involved can create a falsification violation far more serious than the original issue. Preserve everything as-is.

Showing up with disorganized or incomplete records

A strong factual position presented as a chaotic pile loses credibility. An indexed, dated, complete package signals a well-run operation and lets your attorney move fast.

Arguing emotionally or admitting more than necessary

The conference is a working negotiation, not a venting session. Let counsel frame the facts and decide what to concede; off-the-cuff admissions can be used in the matter.

Treating it as a formality and under-preparing

It is informal in format, not in consequence. The outcome can shape your certificate and your record. Prepare for it like the enforcement step it is.

Many of these matters trace back to structural questions about how an operation is run — whether it should have been under a certificate at all, who held operational control, and how the flying was arranged. If those questions are in play, see the FAA crackdown on illegal grey charter, Part 91 vs Part 121 vs Part 135, and aircraft management company vs charter. The thread through all of them is the same: the records you can produce are the evidence the matter runs on.

Frequently Asked Questions

What is an FAA informal conference?

An informal conference is a meeting with the FAA agency attorney that you can request after the FAA sends you a Notice of Proposed Civil Penalty (or, in a certificate matter, a notice of proposed certificate action). It is your chance to discuss the matter, present mitigating information and documents, and try to resolve or reduce the proposed sanction before a final order issues. For a civil penalty against a company or operator, the right to request it is written into 14 CFR §13.16(f)(2)(iii); for an individual acting as a pilot, flight engineer, mechanic, or repairman, the parallel right is in 14 CFR §13.18(d). It is called ‘informal’ because it is not a hearing — there is no judge, no sworn testimony, and no formal rules of evidence. It is a settlement-and-mitigation conversation. Because it shapes the entire matter, the near-universal advice is to bring a qualified aviation attorney.

How do I prepare for an FAA informal conference?

Preparation is mostly about evidence and counsel, not eloquence. First, engage an aviation attorney before you respond at all — the request itself and what you say at the conference can affect the outcome. Second, read the Notice of Proposed Civil Penalty closely and calendar the deadline; under 14 CFR §13.16(f) you generally have 30 days to choose a response, and requesting an informal conference is one of those choices. Third, assemble the documentary record: the specific compliance records tied to the alleged violation, proof of any corrective action already taken, your training and maintenance history, and anything that bears on mitigating factors. Fourth, organize that record so your attorney can hand the agency attorney a clean, dated, complete package — disorganized or missing records undercut even a strong position. Everything case-specific should be decided with counsel; this is general document information, not legal advice.

Should I bring a lawyer to an FAA informal conference?

In almost every case, yes — and you should retain one before you even request the conference. An informal conference is informal in format, but it sits inside a real legal-enforcement process under 14 CFR Part 13 that can end in a civil penalty or a certificate suspension, amendment, or revocation. The FAA will be represented by an agency attorney whose job is to advance the government’s position. Statements you make can be used in the matter. An experienced aviation attorney knows the sanction guidance the FAA uses, knows what mitigation actually moves the needle, and keeps you from inadvertently strengthening the case against you. FileFlo can help you produce and organize the records you bring, but it does not represent you, give legal advice, or appear at the conference — that is your attorney’s role.

What is the difference between an informal conference and a formal hearing?

They are two different stages with very different stakes and rules. An informal conference is a private meeting with the FAA agency attorney — no judge, no sworn witnesses, no formal evidence rules — meant to exchange information, present mitigation, and try to settle. A formal hearing is an adversarial proceeding before a neutral decisionmaker: for an assessed civil penalty under 14 CFR §13.16 it is before a U.S. Department of Transportation administrative law judge, and for a certificate action the appeal is heard by the National Transportation Safety Board. A hearing involves testimony, exhibits, and a record on which an appealable decision is made. Most operators try to resolve a matter at the informal-conference stage precisely because a hearing is slower, more expensive, and higher-risk. Which path is right for your situation is a strategic, fact-specific decision for your attorney.

What happens if I do not pay or respond to a Notice of Proposed Civil Penalty?

Ignoring it is the worst option. Under 14 CFR §13.16(f) the notice gives you a window — generally 30 days — to choose a response: pay the proposed amount, submit written information contesting the violation or asking for a reduction, request an informal conference to discuss it with the agency attorney, or request a hearing. If you let the deadline pass without acting, the FAA can move forward toward assessing the penalty in a final order, which is far harder to undo than it is to engage early. The informal conference exists specifically so you can present your side and your mitigating records before that happens. The practical takeaway: never let the clock run out — get the notice in front of an aviation attorney immediately and calendar every date.

How much can the FAA fine me, and can the informal conference reduce it?

Civil penalty amounts come from 49 U.S.C. §46301 and are adjusted for inflation under 14 CFR §13.301. For violations occurring on or after December 30, 2024, the general per-violation maximum under §46301(a)(1) is $75,000 for a person that is not an individual or small business concern, and $1,875 for an individual, small business concern, or airman. Those are maximums and category figures, not what the FAA necessarily proposes — and the informal conference is exactly where mitigating evidence (corrective action, compliance history, lack of intent) can support a reduced amount. Whether and how much a penalty is reduced is fact-specific and negotiated through counsel; always verify the current adjusted figures against 14 CFR §13.301.

Is the informal conference defined in the regulations (CFR) or in FAA guidance?

Both, and the distinction matters. The right to request an informal conference in a civil-penalty matter is named in the regulation itself — 14 CFR §13.16(f)(2)(iii) for companies and operators, and 14 CFR §13.18(d) for an individual acting as a pilot, flight engineer, mechanic, or repairman. So the conference is a real procedural step you are entitled to under Part 13. The broader machinery around it — how the FAA evaluates sanctions, what mitigating and aggravating factors it weighs, and how agency attorneys approach settlement — lives largely in FAA GUIDANCE, principally FAA Order 2150.3 (the Compliance and Enforcement Program) and its sanction guidance. Cite the conference itself to §13.16/§13.18; treat the sanction methodology as guidance, and verify both against the current sources for your matter.

How does FileFlo help with an FAA informal conference?

FileFlo is the records-and-proof layer behind the conference — not your representative at it. The single most useful thing you bring to an informal conference is a complete, current, immutable, instantly retrievable set of the documents the matter turns on: the records tied to the alleged violation, proof of corrective action, training and maintenance histories, and currency that shows the deviation was an isolated event rather than a pattern. FileFlo classifies and indexes those records, tracks expirations so fewer deviations happen in the first place, preserves a version-tracked history that keeps your file defensible, and produces an inspector-ready records index on demand so ‘produce the documents’ is a button rather than a scramble. It does not respond to the FAA for you, negotiate, file appeals, give legal advice, or guarantee any outcome — those belong to you and to qualified aviation counsel.

Walk into the conference as the operator who can prove everything.

FileFlo keeps your aviation records current, complete, immutable, and instantly retrievable, and documents the corrective action that mitigation depends on. It does not represent you to the FAA, attend the conference, give legal advice, or guarantee an outcome — it organizes and proves your records so your attorney has the strongest possible package. Starter plan $89/mo. Professional $299/mo. 5-day free trial — no credit card required.

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Written by Chad Griffith, Founder, FileFlo — compliance document intelligence. Reviewed June 15, 2026. This article is general compliance document information, not legal advice. The right to request an informal conference is named in 14 CFR §13.16(f)(2)(iii) (operators) and 14 CFR §13.18(d) (an individual acting as a pilot, flight engineer, mechanic, or repairman); civil penalty amounts derive from 49 U.S.C. §46301 as adjusted under 14 CFR §13.301; the FAA’s sanction methodology lives in guidance — FAA Order 2150.3 (the Compliance and Enforcement Program). An informal conference is part of a fact-specific enforcement process — if you receive a Notice of Proposed Civil Penalty, a Letter of Investigation, or any FAA enforcement action, consult a qualified aviation attorney before responding, never alter a record, and verify every regulation, order, and dollar figure against the current source.

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