FAA Certificate Action and Civil Penalty Lawyers
FAA Certificate Action and Civil Penalty Lawyers

National Transportation Safety Board (NTSB)

How do I contact the NTSB Office of Administrative Law Judges?

 

National Transportation Safety Board 


Office of Administrative Law Judges 


490 L'Enfant Plaza E., S.W. 


Washington, D.C. 20594

 

Telephone (202) 314-6150 


Toll Free (800) 854-8758 


Facsimile (202) 314-6158

 

ALJ-Mission Related Questions

What does the Office of Administrative Law Judges do?


Since 1967, the National Transportation Safety Board (NTSB) has served as the "court of appeals" for any airman whenever the Administrator of the Federal Aviation Administration (FAA) takes a certificate action. The Office of Administrative Law Judges is responsible for the conduct of all formal proceedings arising under the Federal Aviation Act of 1958, as amended. These proceedings primarily involve appeals by pilots, navigators, mechanics, dispatchers and air traffic control tower operators from orders of the FAA suspending, revoking or modifying their certificates for alleged violations of the Federal Aviation Regulations, or for lack of qualification to hold such certificates. Proceedings also involve petitions from applicants denied airman medical or other certification by the FAA Administrator and certain civil penalty actions initiated by the FAA Administrator. Additionally, the office reviews and decides applications for attorney fees and expenses under the Equal Access to Justice Act, from airmen who prevail against the FAA in certain adversary adjudications.

 

What is an Administrative Law Judge and what does he do?

 

An Administrative Law Judge is an independent, impartial trier of fact in formal hearings similar to that of a trial judge conducting civil trials without a jury. Administrative Law Judges conduct hearings, develop records, apply judicial expertise and render decisions.

NTSB and FAA Related Questions

Are the NTSB and its Office of Administrative Law Judges associated with the Federal Aviation Administration or the Department of Transportation (DOT)?

 

No, the NTSB is wholly independent from the FAA and DOT. In reviewing FAA actions, it is not bound by the FAA's findings and conducts a completely objective review of the evidentiary record.

 

What happens when an FAA order is appealed to the NTSB?

 

The case is assigned to an Administrative Law Judge for an evidentiary hearing. An advance notice of formal hearing is issued at least 30 days before the hearing, but as far in advance as 60 days to allow the parties time to prepare for the hearing. However, the notice given in an emergency hearing can be as little as 2 weeks as the Board is required by statute to dispose of these cases in a 60-day time-frame.

 

How can I find out what evidence the FAA will use against me?

 

As soon as an appeal is docketed, either party may request information such as witness lists, exhibit lists, names and curricula vitae of expert witnesses and other data. Parties may also use written interrogatories, depositions, requests to admit and other discovery tools.

Legal Concerns Questions

What happens at a formal hearing before an NTSB Administrative Law Judge?

 

In formal hearings conducted by Administrative Law Judges all parties are given an opportunity to present oral and documentary evidence, to submit evidence in rebuttal, to conduct cross examinations and to make arguments. The parties may be accompanied, represented and advised by counsel or other qualified representatives. The FAA bears the burden of proving the charges alleged in its orders, and the pilot may offer evidence in defense. However, in cases involving certificate denials, the petitioner bears the burden of proof. In most cases, the judge issues an oral initial decision at the conclusion of the hearing. A court reporter is present at all hearings and a copy of the transcript will be provided to each party free of charge.

 

Do I need an attorney at a formal hearing?

 

Appeals to the NTSB are formal legal proceedings. An attorney employed by the FAA will represent the FAA Administrator. If an airman can afford it, it is advisable to have legal representation as well. However, it is not mandatory to have an attorney.

 

Where do these hearings take place?

 

Hearings are held in the closest hub city to where the alleged incident took place that is served by a scheduled air carrier. However, in special circumstances, the location of a hearing can be set or changed to meet the convenience of the parties and/or witnesses.

 

How long do these hearing last?

 

Hearings can last anywhere from several hours to several days. However, a typical hearing lasts 1-2 days.

 

What if I am dissatisfied with the Administrative Law Judge's decision?

 

If either the FAA or the airman is dissatisfied with the judge's decision, a further appeal may be taken to the NTSB's full five-member Board. If the airman or FAA is dissatisfied with the full Board's order, either may obtain judicial review in a federal appeals court. However, the FAA can only appeal the Board's order in cases that it determines may have a significant adverse impact on the implementation of the Federal Aviation Act.

 

How do I request an alternate date for my hearing if I cannot attend the hearing on the date scheduled?

 

If you are unable to attend the hearing on the date scheduled, you may request, in writing, that the hearing be continued.  You should state the reason for the continuance and inform the Judge of any other dates that you are unavailable.  However, it is within the Judge’s discretion to continue a hearing.

 

What happens if I do not attend the hearing?

 

The FAA will present their case and a default judgment will be entered against you.

 

How do I get a subpoena?

 

All subpoena requests must be in writing and must contain a brief statement of the relevance and scope of the testimony or evidence sought.

 

For subpoenas for an individual’s appearance at a hearing, you must provide the name of the person you wish to subpoena; that person’s title (if applicable), and address.  For subpoenas duces tecum, you must provide the name, title and address of the custodian of the documents and identify each document sought.

 

Do I have to pay fees for witnesses that I subpoena?

 

Yes, witnesses are entitled to the same fees and mileage, as are paid witnesses in the courts of the United States.  The party at whose instance the witness is subpoenaed or appears shall pay the fees.

 

How can I obtain a transcript of the hearing?

 

You will receive a copy of the proceedings approximately 25 days after a regular hearing and 7 days after an emergency hearing.  However, in the case of an emergency hearing there is no guarantee that you will receive a copy of the transcript in time to prepare your appeal brief. You would need to order your own and pay the court reporter to ensure that you receive it on time.

Airman License Questions

Can I use my license while the appeal is pending?

 

The certificate remains effective until the NTSB finally disposes of the appeal, except in cases that the FAA has determined that an emergency in air safety exists. In those cases an Emergency Order of Revocation, Emergency Order of Suspension or an Order with Immediate Effectiveness will be issued and the airman must return the certificate to the FAA pending the outcome of the appeal.

Helpful Links

NTSB Hearing Calendar - this is a link to a list of currently scheduled NTSB hearings. Cases sometimes settle or are continued on short notice. If you are interested in attending one of the listed hearings, you are strongly advised to first call the Office of Administrative Law Judges at 1-800-854-8758.

 

Circuit Map - map illustrating which region each ALJ is assigned to.

 

ALJ Directory - this is a link, with contact information, regarding current NTSB administrative law judges. 

 

NTSB Case Processing Tips - this link contains information regarding appeals from FAA certificate actions and petitions for review of FAA certificate denials.

 

What's the Process - this link illustrates the process after the FAA has issued an order or certificate denial.

 

NTSB Case Decision Database - this link gives access to the final case decisions of the National Transportation Safety Board with regard to an airman or mechanic's appeal of action on his or her certificate.

Pertinent Regulations

 

NTSB Appeal Process

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

                 

Hearing Before The ALJ:

  • Appeal or petition from the FAA's order or certificate denial is filed with the NTSB’s Office of Administrative Law Judges.
  • Appeal/petition is assigned a docket number and is acknowledged by 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.
  • Airman/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.

 

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.

 

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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