Instruction Ahac 001-2021 - Notification and Correction of Technical Discrepancies

Articles 18, numeral 3) literal a), and 289 of the Civil Aviation Law. V. DESCRIPTION OF THE PROCESS AERODROME CERTIFICATION AND SURVEILLANCE DEPARTMENT: Once the inspection has been carried out by the Aerodrome Certification and Surveillance Department and technical discrepancies that must be remedied by the airport operator/administrator have been found, it shall issue the corresponding report documenting the respective technical non-conformities in a clear and precise manner. ADMINISTRATIVE SECRETARIAT: Once the report is received, it shall form an administrative file and must issue a requirement to the airport operator/administrator describing the findings discovered by the Aerodrome Certification and Surveillance Department. The requirement shall set forth a period of ten (10) days for the airport operator/administrator to proceed to remedy the discrepancies found; if the airport operator/administrator considers that the time granted is insufficient to carry out the corrective actions, it shall propose a work schedule, which must specify the action to be taken and the date on which it will be performed. The airport operator/administrator must respond within ten (10) business days, which shall not be extendable. Should the airport operator/administrator fail to respond within the specified period, the Administrative Secretariat shall refer the proceedings to the Technical Legal Advisory Department to issue a report and consequently open a sanctioning procedure against the airport operator/administrator. AERODROME CERTIFICATION AND SURVEILLANCE: Once the airport operator/administrator has responded in a timely and proper manner to the requirement, the Administrative Secretariat shall refer it again to the Aerodrome Certification and Surveillance Department to review the proposal submitted by the airport operator/administrator and, where appropriate, issue its Approval; if not in agreement, it shall issue a second report making the pertinent observations and in this case the proposal submitted by the airport operator/administrator shall be considered not accepted. This response must be issued by the Aerodrome Certification and Surveillance Department within a period of three (3) business days. ADMINISTRATIVE SECRETARIAT: a) If the Aerodrome Certification and Surveillance Department grants Approval to the airport operator/administrator's proposal, the Administrative Secretariat without further proceedings shall notify the airport operator/administrator thereof and time periods shall begin to run; and b) In the event that the work schedule is not accepted, a hearing shall be held presided over by the Technical Legal Advisory Department. TECHNICAL LEGAL ADVISORY: It shall hold the hearing with the presence of personnel from the Aerodrome Certification and Surveillance Department and the airport operator/administrator to reach consensus on the proposals in the matter. It shall likewise prepare the corresponding minutes documenting the agreements reached and establishing the work schedule. A single hearing shall be held for such purposes; if it is not held due to causes attributable to the airport operator/administrator, without further proceedings an administrative procedure shall be opened ex officio to apply the corresponding sanction. If the hearing is not held due to causes attributable to the Aeronautical Authority, it shall be rescheduled without any negative repercussion to the airport operator/administrator. Once the proceedings in the matter have been concluded by the Technical Legal Advisory, it shall issue a report which shall contain a summary of the consensus reached, documenting the acceptance thereof by both parties and the approval of the Technical Legal Advisory. ADMINISTRATIVE SECRETARIAT: Once the proceedings are received from the Technical Legal Advisory, the Administrative Secretariat shall prepare an approval in which the proposal consensually agreed upon by the airport operator/administrator and AHAC is accepted, which shall be signed by the Executive Director. EXECUTIVE DIRECTION: The Executive Director shall sign the approval through which the Work Schedule consensually agreed upon is accepted. ADMINISTRATIVE SECRETARIAT: It shall notify the airport operator/administrator of the approval issued by the Executive Director and shall send communications to the Aerodrome Certification and Surveillance and Technical Legal Advisory Departments. VI. PROCESS FOLLOW-UP The Aerodrome Certification and Surveillance Department shall be responsible for monitoring the Work Schedule, and must notify the Administrative Secretariat upon expiration of the time period established in the schedule, once verified through on-site inspection or through documentary evidence presented by the airport operator/administrator, whether or not it has been complied with. In case of non-compliance, the sanctioning procedure established in the Civil Aviation Law and its Regulation shall be followed. ***************Last Line*****************