NTSB APPEAL PROCESS

 Description of the Airman Appeals Process - After the FAA Order or Certificate Denial

                 Hearing Before The ALJ:

1. Appeal or petition from the FAA's order or certificate denial is filed with the NTSB’s Office of Administrative Law Judges.
2. Appeal/petition is assigned a docket number and is acknowledged by the that office’s Case Manager.
3. For appeals from orders of revocation, suspension or assessment of civil penalty, the FAA files a copy of the order that was issued to the certificate holder/respondent with a letter that designates the order as the FAA’s complaint.
4. Airman/respondent then must file an answer admitting or denying each of the factual allegations stated in the complaint.
5. In all cases, including reviews of certificate denials, requests for discovery of information can be filed by both the FAA and the certificate holder/respondent or petitioner seeking review of certificate denial.
6. A hearing is set by the judge assigned to the case at an appropriate place (see 49 C.F.R. Section 821.37).
7. The hearing is held.  An Initial Decision, affirming, reversing or modifying the FAA’s action is issued by the judge.

Appeal to the Full Board

1. An appeal from the judge’s decision is filed with the Office of Administrative Law Judges, which sends the appeal and case record/docket to Board's Office of General Counsel.
2. An appeal brief is filed by the appealing party.
3. A reply brief is filed by opposing party.
4. The Board issues an order affirming, modifying or reversing judge's decision, or remanding the case to the judge for further proceedings.
5. If the Board affirms the FAA’s revocation, suspension or civil penalty assessment, and the certificate holder intends to appeal the Board’s decision to the U.S. Court of Appeals, a stay of the Board’s order may be requested.

Petition to U.S. Court of Appeals

1. The party appealing the Board’s decision files a petition in the U.S. Court of Appeals (D.C. Circuit or circuit in which the party resides).
2. The Board forwards a Certificate of Record to the Court of Appeals (the case docket is forwarded upon a request from the court).
3. Briefs are filed in the court by both parties.
4. The court holds oral argument.
5. The court issues a decision affirming, modifying or reversing the Board, or remanding the case to the Board for further action.