Case Processing Tips and Other Pertinent Information Regarding Appeals from FAA Certificate Actions and Petitions for Review of FAA Certificate Denials

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1. Filing of Documents: Initial appeals from FAA certificate orders and petitions for review of FAA certificate denials are to be mailed to: National Transportation Safety Board, Office of Administrative Law Judges (ALJ), Room 4704, 490 L'Enfant Plaza East, S.W., Washington, D.C. 20594 (phone 202-314-6150 or toll free 1-800-854-8758). The Board’s Rules of Practice require that you file an original and three copies of the initial appeal or petition for review. A copy must also be served on FAA counsel. For all other documents (e.g., motions and discovery requests), an original and one copy is required to be filed with the Board (with a copy also being served on the other party). Please do not file excess copies.

On appeals from FAA certificate actions, please include the FAA's case number on the initial appeal only. Also, please indicate if the appeal is from an EMERGENCY order.

Once you receive an NTSB docket number please use that number only on all documents you file.

2. To Whom Documents Are Directed: If you are filing a document in a case that has not yet been assigned to a judge, please file the document with the notation "UNASSIGNED" under the NTSB docket number on the first page, and address the document to: Case Manager, Office of Administrative Law Judges, at the address provided above for the filing of appeals and petitions.

Once a case has been assigned to a judge, all documents must list the judge’s name on the first page under the NTSB docket number, and must be addressed and mailed directly to the judge, with no courtesy copies being sent to “Case Manager,” “Docket Section,” etc., even if the assigned judge is based outside of Washington, D.C. (i.e., Judge Geraghty or Judge Mullins). EXCEPTION: if a judge has been assigned before the ANSWER to a complaint, petition for review of a certificate denial or application for fees under the Equal Access to Justice Act (EAJA) is filed, the party filing the answer must, in addition to filing an original and one copy of the answer directly with the judge also file a courtesy copy of the answer with the Case Manager.

3. Subpoenas: Please refer to Sections 821.19 and 821.20 of the Board’s Rules of Practice (49 C.F.R. Part 821). All subpoenas must be requested in writing, and preferably faxed, to the judge assigned. If no judge has yet been assigned to the case, please fax the subpoena request to the Case Manager. In such cases, the request will be reviewed and ruled on by the Chief Judge. If you require that the subpoena be sent to you by overnight delivery, please provide a Federal Express or Post Office Express account number. An application for a subpoena may be in letter form. Fax numbers are: for Judges Fowler and Pope, and the Case Manager, 202-314-6158; for Judges Geraghty and Mullins, 817-652-7868.

For subpoenas for an individual’s appearance at a hearing or deposition, please provide the following information: the name of the person you wish to subpoena; that person’s position or title, if applicable; and that person’s address. For subpoenas duces tecum, please provide the name, title and address of the custodian of the documents and identify each document sought. Pursuant to the Board’s Rules of Practice, each subpoena request should include a brief statement of the relevance and scope of the evidence sought. If a subpoena duces tecum is requested solely for the production of documents (rather than for a witness to bring documents in connection with hearing or deposition testimony), please provide a reasonable date by which you would like to receive the documents; otherwise the subpoena will direct that the documents be delivered within seven days after the date on which the subpoena is served. A copy of your completed subpoena, as issued, must be sent to the judge assigned to the case (or, if no judge has yet been assigned, to the Case Manager) for inclusion in the official docket file. If you are requesting a subpoena from either Judge Mullins or Judge Geraghty, you should contact their Paralegal Specialist, Anne Smith (817-652-7860) directly. Otherwise, please contact Karen Yates (202-314-6156). General questions about subpoenas should be directed to Ms. Yates.

4. Motions for Continuance of a Hearing: Motions for hearing continuances must be made in writing and directed to the judge assigned to the case. The current scheduled hearing date(s) should appear prominently on the first page of the motion. If the motion is made within two weeks of the date on which the hearing is scheduled to commence, it must be faxed to the judge (with a copy faxed to the other party). Please see our NOTICE regarding the policy on granting continuances, and Contacts list for telephone and fax numbers.

5. Appeals from Judges’ Decisions: An original and three copies of the Notice of Appeal must be filed with the ALJ’s Office in Washington, D.C. However, any documents, including briefs and motions (original plus one copy) filed after the Notice of Appeal must be filed directly with the Office of General Counsel, Room 6401, 490 L'Enfant Plaza East, S.W., Washington, D.C. 20594. NOTE: after your appeal from a judge’s decision is received by the ALJ’s Office and forwarded to the Office of General Counsel, you must contact the General Counsel’s Office directly at 202-314-6080 (fax number 202-314-6090) with any inquiries, including questions relating to briefs, extensions of time, etc. Please carefully review Part 821.48(b) - Form and content of appeal brief.

6. Petitions for Review of Board Decisions Filed in the U.S. Court of Appeals: A copy of the petition for review filed in the U.S. Court of Appeals must also be served on the ALJ’s Office (Room 4704, 490 L'Enfant Plaza East, S.W., Washington, D.C. 20594). The ALJ’s Office prepares the Board’s certificate of record in all Court of Appeals cases, and needs to be informed immediately when a petition from a Board decision has been filed with the court. The contact person for this purpose is Karen Yates (202-314-6156).

All inquiries concerning the court appeal itself — including questions relating to the content of, and time limits for, the submission of documents with the court — must be directed to the Court of Appeals, and not the NTSB (see Directory of U.S. Court of Appeals).

7. Applications for Fees Under the EAJA: An original and three copies of the application must be filed with Case Manager (and a copy served on FAA counsel). Please do not serve the judge who presided over the enforcement action proceeding with either the original or a courtesy copy of the application. However, that judge’s name should appear on the first page of the application, under the NTSB docket number, which should be: “___-EAJA-SE-[enforcement case docket number]” (e.g., “___-EAJA-SE-12345”). Thereafter, the Case Manager will assign an EAJA number, and a formal assignment sheet, advising the parties to send all future documents directly to the judge assigned, will be issued. Please review the Board’s Rules Implementing the EAJA (49 C.F.R. Part 826) before filing an application.

8. Official Hours: The ALJ’s Office is open for business from 8:30 a.m. to 5:00 p.m., Eastern Time, Monday through Friday (except on Federal holidays).

Revised August 2003