FAR 67.409 — Medical Certificate Denial
FAR 67.409 explains how to appeal a denied FAA medical certificate, the 30-day reconsideration window, and which denials count as denials by the Administrator.
In Plain English
FAR 67.409 spells out what happens when you're denied a medical certificate and how to fight that denial.
Key points:
- If an Aviation Medical Examiner (AME) denies your medical, you have 30 days from the date of denial to apply in writing to the Federal Air Surgeon (Aeromedical Certification Division, AAM-300, Oklahoma City) for reconsideration.
- Miss the 30-day window and you are considered to have withdrawn your application — you'd have to start over.
- A denial by an AME alone is not a denial by the Administrator under 49 U.S.C. 44703 (so it can't be directly appealed to the NTSB).
- A denial by the Federal Air Surgeon is a denial by the Administrator (and is appealable to the NTSB).
- A denial by the Manager, Aeromedical Certification Division, or a Regional Flight Surgeon is also a denial by the Administrator, with limited exceptions tied to specific medical standards.
- If a higher authority reverses an AME-issued certificate, you must surrender the certificate when the FAA asks.
This matters because knowing your rights — and the 30-day clock — preserves your ability to keep flying after an adverse medical decision.
Regulation Text
14 CFR § 67.409§ 67.409 Denial of medical certificate.
(a) Any person who is denied a medical certificate by an aviation medical examiner may, within 30 days after the date of the denial, apply in writing to the Federal Air Surgeon, Attention: Manager, Aeromedical Certification Division, AAM-300, Federal Aviation Administration, P.O. Box 25082, Oklahoma City, Oklahoma 73126, for reconsideration of that denial. If the person does not ask for reconsideration during the 30-day period after the date of the denial, he or she is considered to have withdrawn the application for a medical certificate.
(b) The denial of a medical certificate—
(1) By an aviation medical examiner is not a denial by the Administrator under 49 U.S.C. 44703.
(2) By the Federal Air Surgeon is considered to be a denial by the Administrator under 49 U.S.C. 44703.
(3) By the Manager, Aeromedical Certification Division, or a Regional Flight Surgeon is considered to be a denial by the Administrator under 49 U.S.C. 44703 except where the person does not meet the standards of §§ 67.107(b)(3) and (c), 67.109(b), or 67.113(b) and (c); 67.207(b)(3) and (c), 67.209(b), or 67.213(b) and (c); or 67.307(b)(3) and (c), 67.309(b), or 67.313(b) and (c).
(c) Any action taken under § 67.407(c) that wholly or partly reverses the issue of a medical certificate by an aviation medical examiner is the denial of a medical certificate under paragraph (b) of this section.
(d) If the issue of a medical certificate is wholly or partly reversed by the Federal Air Surgeon; the Manager, Aeromedical Certification Division; or a Regional Flight Surgeon, the person holding that certificate shall surrender it, upon request of the FAA.
[Docket 27940, 61 FR 11256, Mar. 19, 1996, as amended by Docket FAA-2022-1355, Amdt. 67-22, 87 FR 75845, Dec. 9, 2022]
Oral Exam Questions a DPE Might Ask
Q1If an AME denies your medical certificate, what are your options and how long do you have to act?
Per FAR 67.409(a), you have 30 days from the date of denial to apply in writing to the Federal Air Surgeon for reconsideration; otherwise, your application is treated as withdrawn.
Q2Is a denial by an Aviation Medical Examiner the same as a denial by the FAA Administrator?
No. Under FAR 67.409(b)(1), an AME denial is not a denial by the Administrator under 49 U.S.C. 44703, but a denial by the Federal Air Surgeon is, per FAR 67.409(b)(2).
Q3What must you do if the Federal Air Surgeon or Regional Flight Surgeon reverses an AME-issued medical certificate you're holding?
FAR 67.409(d) requires you to surrender the certificate to the FAA upon request once the issuance is wholly or partly reversed.
Studying for a checkride?
Related Sections in Part 67
§ 67.1
Medical Certificate Applicability
§ 67.101
First-Class Medical Eligibility
§ 67.103
First-Class Medical Eye Standards
§ 67.105
First-Class Medical ENT Standards
§ 67.107
First-Class Medical Mental Standards
§ 67.109
First-Class Medical Neurologic Standards
§ 67.111
First-Class Medical Cardiovascular
§ 67.113
First-Class Medical Standards