ARA.FSTD.135 Findings and corrective actions – FSTD qualification certificate

GENERAL

(a)The competent authority's inspection and monitoring process should confirm the competent authority's continued confidence in the effectiveness of the compliance monitoring system of the organisation operating an FSTD, and its ability to maintain an adequate standard.

(b)If the competent authority is not satisfied, the organisation operating an FSTD should be informed in writing of the details of the conduct of its operation which are causing the competent authority concern. The competent authority should require corrective action to be taken within a specified period (see AMC2 ARA.FSTD.100(a)(1) point (b)).

(c)In the event that an organisation operating an FSTD fails, in spite of warning and advice, to satisfy the competent authority's concerns, a final written warning should, whenever possible, be given to the organisation together with a firm date by which specified action to satisfy the competent authority should be taken. It should be made clear that failure to comply may result in enforced limitation or suspension of the FSTD's qualification.

(d)Circumstances may, however, preclude recourse to the process described under (a) to (c). In such cases the competent authority's duty to preserve quality of training, testing and checking is of paramount importance and therefore the competent authority may immediately limit or suspend any FSTD qualification which it has issued.

SUSPENSION AND LIMITATION

(a)When a decision has been taken to suspend, or limit, an FSTD qualification certificate, the organisation operating an FSTD should be informed immediately by the quickest available means.

(b)In the event of full suspension of an FSTD qualification certificate, the organisation operating an FSTD should be instructed that the FSTD concerned cannot be used for any credited training, testing or checking. The "quickest available means" will in most situations mean the use of a facsimile or email message.

(c)This should be followed by a formal letter giving notice of suspension, or limitation, restating the requirement to cease operations as applicable, and also setting out the conditions on which suspension may be lifted.

(d)If it becomes apparent to the competent authority that all operations have ceased over a period in excess of 6 months, the competent authority should consider opening the warning process described in AMC1 ARA.FSTD.135, points (a) to (d).

(e)The FSTD qualification certificate should not remain suspended indefinitely. Further steps may be taken by the organisation operating an FSTD to reinstate the FSTD qualification or, in default, should be taken by the competent authority to revoke the FSTD qualification certificate. Should an organisation operating an FSTD wish to dispute the suspension of its FSTD's qualification certificate, it should be informed of such rights of appeal as exist under national regulations. If an appeal is lodged, the FSTD qualification may remain suspended until the appeal process is complete.

(f)Suspension of an FSTD qualification certificate may be lifted on appeal or if the organisation operating an FSTD restores the FSTD to its previously acceptable standard.

(g)In neither case should operations be permitted to restart until it has been demonstrated that the cause of the suspension or limitation has been rectified. The competent authority may require a special evaluation depending on the severity of the problem.

(h)The competent authority should issue a formal notice of the lifting of suspension before the organisation operating an FSTD is permitted to resume use of an FSTD.

REVOCATION

(a)The competent authority should give the organisation operating an FSTD notice that it intends to revoke the FSTD qualification followed by a formal letter of revocation.

(b)Should an organisation operating an FSTD wish to dispute this revocation, it should be informed of such rights of appeal as exist under applicable regulations. Once revoked, there can be no further activities under the terms of the FSTD qualification.