Office of Administrative Law Judges
Description of the Airman Appeals Process
- 1st Appeal: Appeal to Judge
- Appeal or petition is filed with the NTSB’s Office of Administrative Law Judges.
- Appeal/petition is assigned a docket number and is acknowledged by the that office’s Case Manager.
- 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.
- Respondent then must file an answer admitting or denying each of the factual allegations stated in the complaint.
- 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.
- A hearing is set by the judge assigned to the case at an appropriate place (see 49 C.F.R. Section 821.37).
- The hearing is held. An Initial Decision, affirming, reversing or modifying the FAA’s action is issued by the judge.
- 2nd Appeal: Appeal to the Full Board
- 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.
- An appeal brief is filed by the appealing party.
- A reply brief is filed by opposing party.
- The Board issues an order affirming, modifying or reversing judge's decision, or remanding the case to the judge for further proceedings.
- 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.
- 3rd Appeal: Petition to U.S. Court of Appeals
- 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).
- The Board forwards a Certificate of Record to the Court of Appeals (the case docket is forwarded upon a request from the court).
- Briefs are filed in the court by both parties.
- The court holds oral argument.
- The court issues a decision affirming, modifying or reversing the Board, or remanding the case to the Board for further action.
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