Question

Michael manin, an airline pilot, was twice convicted of disorderly conduct, a minor misdemeanor. to renew his flight certification with the national transportation safety board (ntsb), manin filed an application that asked him about his criminal history. he did not disclose his two convictions. when these came to light more than ten years later, manin argued that he had not known that he was required to report convictions for minor misdemeanors. the ntsb's policy was to consider an applicant's understanding of what information a question sought before determining whether an answer was false. but without explanation, the agency departed from this policy, refused to consider manin's argument, and revoked his certification. was this action arbitrary and capricious?

Answer 1

Yes, i believe it was.
 the agency should have allowed him to present evidence which stated that he did not know the statements he made on his application were false.
Manin could avoid the accusation by claiming that he would've provided the necessary information about his convictions, if only the national transportation safety board mentioned it in the requirement.

Answer 2

Answer:

No, the decision was supported by evidence that Manin lied.

Explanation:

In the case of Manin vs. National Transportation Safety Board and Federal Aviation Administration (2011), this agency revoked Manin's pilot license and his medical flight certificates, arguing that Manin had intentionally falsified his application papers by concealing the information about his previous convictions. Manin appealed the decision, arguing that he did not know he had to report misdemeanors as convictions, and he wanted the decision overturned since he considered it arbitrary. A National Transportation Safety Board decision can be overturned if it's found that it is “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.”

However, the court determined that the decision of the Safety Board was supported by substantial evidence, because it was clear that "Manin was convicted of a federal crime before applying for his 1992 and 1993 certificates. Manin's applications for the certificates show that he denied any prior convictions. Therefore, Manin's applications for his certificates contained false statements."