NTSB - Legal Matters

The Administrative Law Judges conduct formal hearings and issue initial decisions on appeals by airmen filed with the Safety Board.

Office of General Counsel

The Office of General Counsel advises, assists and represents the Safety Board in support of its activities relating to transportation safety; and as sole legal advisor, has responsibility for determining legal policy for the agency.

Opinions & Orders:
The NTSB serves as the "court of appeals" for any airman, mechanic or mariner whenever certificate action is taken by the Federal Aviation Administration or the U.S. Coast Guard Commandant, or when civil penalties are assessed by the FAA.

Process for Filing an Appeal

Process for Filing an Answer

Denial of Medical Certification

General Information

Medical Standards

Disqualifying Conditions

Case Processing Tips

Directory of U.S. Courts of Appeals

Hourly Fees For Services For EAJA Claims
(Reference: 49 C.F.R. § 826.6)

The Independent Safety Board Act of 1974, as amended also available in PDF version

Regulations

Jurisdiction: 49 U.S.C. § 1133

Rules of Practice in Air Safety Proceedings: 49 CFR Part 821

Organization and Functions of the Board and Delegations of Authority: 49 CFR Part 800

Public Availability of Information : 49 CFR Part 801
- Notice of Proposed Rulemaking
  Public comment period closed on December 22, 2006
- Final Rule [PDF, 81 KB]
  Regulations take effect on May 23, 2007

Rules of Procedure for Merchant Marine from Decisions of the Commandant, U.S. Coast Guard: 49 CFR Part 825

Rules Implementing the Equal Access to Justice Act of 1980: 49 CFR Part 826

Notification and Reporting of Aircraft Accidents or Incidents and Overdue Aircraft, and Preservation of Aircraft Wreckage, Mail Cargo, and Records 49 CFR Part 830

Accident/Incident Investigation Procedures: 49 CFR Part 831

Testimony of Board Employees: 49 CFR Part 835

Production of Records in Legal Proceedings: 49 CFR Part 837

Rules of Practice in Transportation; Accident/Incident Hearings and Reports: 49 CFR Part 845

NTSB is considered a "Public Health Authority" for purposes of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). See specifically 64 FR 59956, Nov. 3, 1999 [PDF] and 45 CFR Part 164.512(b)(1)(i)

Note: above links for the Code of Federal Regulations are to the Goverment Printing Office web site, which also offers the ability to search across documents as well as access to a variety of Public and Private Laws.