Are private parties permitted to have representation at hearings?:
Yes (All Types of Cases)
Who may serve as a private party representative?:
Either
About what percentage of private parties were represented at hearings (FY2013)?:
60.00%
Is the agency permitted to have representation at hearings?:
Yes (All Types of Cases)
Who may serve as an agency representative?:
Attorney
Regulations/rules of practice for hearings (please include CFR citations):
49 CFR 821, 826
Other published guidance for hearings (if any):
https://www.ntsb.gov/legal/alj.html
Is discovery permitted by either party at the hearing-level stage?:
Yes (All Types of Cases)
Briefly describe the scope and type(s) of discovery available (e.g., depositions, interrogatories, etc.):
Depositions, interrogatories, and other forms of discovery are allowed. Per 49 CFR 821.5 Procedural Rules, for situations not covered by the Boards Rules of Practice the Federal Rules of Civil Procedure are applicable to the extent practicable.
Are ex parte contacts prohibited?:
Yes (All Types of Cases)
Are parties provided notice of hearing?:
Yes (All Types of Cases)
How far in advance of the hearing date is notice typically provided?:
30 Days
What types of hearings are permitted at the hearing-level stage?:
Written (Document-Only) Hearing
In-Person
Written (Document-Only) Hearing:
3%
In-Person:
97%
Video:
0%
Phone:
0%
How is the type of hearing selected:
By Agency
By Private Party
Required by Rule
How many hearing officers preside at each hearing?:
One
Is witness testimony permitted at hearings?:
Varies by Case
If "Varies by Case," please describe:
Witness testimony is permitted in oral hearings, but N/A in document-only hearings.
Can parties cross-examine witnesses?:
Varies by Case
If "Varies by Case," please describe:
Cross examination is permitted in oral hearings, but N/A in document-only hearings.
Can third-parties submit amicus briefs and/or evidence?:
No
Are hearings recorded and/or transcribed?:
Yes
N/A (Document-Only Hearings)
Are hearings open to the public?:
Varies by Case
If "Varies by Case," please describe:
Hearings are always open in oral hearings, but N/A in document-only hearings.
Who typically drafts the decision at the hearing-level stage?:
Adjudication Officer
Do agency regulations or guidance provide time limits for issuance of final decisions?:
Yes (All Types of Cases)
If "Yes," please specify these time limit(s):
As previously noted in cases designated as emergency cases a hearing on the merits of the case and an oral initial decision must be issued within 30 days of the filing of the appeal.
In EAJA cases, the ALJ shall issue a decision within 60 days of the end of the proceedings (see 49 CFR 826.37).
About how long does it take on average—as of FY2013—to adjudicate claims/cases at the hearinglevel stage (i.e., from case filing:
180 Days
Is judicial review available after issuance of a final decision?:
Yes (All Types of Cases)
How are claims/cases processed at the hearing-level stage?:
Other
Please briefly describe your case management practice(s) at the hearing level stage:
Emergency cases are the priority due to the strict time frame required for hearing and decision.
Does the agency permit web-based electronic filing of hearing-related briefs or other documents?:
No
Are final decisions published and/or posted on the agency website?:
Yes (All Decisions)
Do agency regulations/rules of practice specify the contents of the administrative record at the hearing-level stage?:
Yes (All Types of Cases)
If "Yes," please provide citation(s):
49 CFR 821.40
Do agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce:
No
Comments/Notes on Hearing-Level Process & Procedures (Optional):
The Administrative Law Judge issues an oral initial decision at the conclusion of the hearing in approximately 98% of those cases which proceed to hearing. Written decisions are also issued in more complex cases which involve a voluminous trial record.
The Administrative Law Judges issue oral initial decisions which may be appealed to the full Board of the National Transportation Safety Board. The Board decision serves as the final administrative decision. If the oral initial decision is not appealed then the Administrative Law Judge's decision becomes the final NTSB administrative decision.
Total # of Hearing Officers:
4
Information About Officer:
Adjudication Officer Title | Job Series | Pay Plan | Pay Range | Are persons in this position subject to performance evaluation? | Are persons in this position employed full-time as adjudication officers? | Are persons in this position subject to quality control measures or production goals? |
---|---|---|---|---|---|---|
Administrative Law Judge | 0935-Administrative Law Judge | AL | 01-03 | No | Yes | No |
Is ADR available at one or more points during the hearing process?:
No
For Fiscal Year 2013, please provide the following annual ADR statistics:
Total # Cases Filed/Opened (FY2013):
311
Total # Cases Decided/Closed (FY2013):
308
Total # Cases Pending (End of FY2013):
3
Does your agency maintain annual caseload statistics for this hearing office by case type (e.g., discrimination complaint, licen:
Yes
Supplementary Caseload Statistics by Case Type:
Case Type | Total # Cases Filed/Opened (FY2013) | Total # Cases Decided/Closed (FY2013) | Total # Cases Pending (End of FY2013) |
---|---|---|---|
Civil Penalty Cases | 9 | 9 | 0 |
Emergency Cases | 124 | 124 | 0 |
Emergency Challenges | 33 | 33 | 0 |
Medical Certificate Cases | 82 | 82 | 0 |
Non-Emergency Cases | 63 | 62 | 1 |
Verified by Agency:
Verified