The NTSB hears appeals relating to the denial of any airman certificate or orders of the FAA Administrator amending, modifying, suspending, or revoking certificates. The process begins with an appeal or petition which is filed with the NTSB's Office of Administrative Law Judges. A hearing is held and the ALJ issues an Initial Decision affirming, reversing, or modifying the FAA's action. An appeal from the judge's decision may be filed with the full Board. The NTSB also handles EAJA claims that arise when a private party substantially prevails against the FAA in a proceeding.
Hearing: Appeal to Judge
1. Appeal or petition is filed with the NTSB's Office of Administrative Law Judges.
2. Appeal/petition is assigned a docket number and is acknowledged by the office's Case Manager.
3. 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.
4. The certificate holder/respondent then must file an answer admitting or denying each of the factual allegations stated in the
5. 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.
Appeal: Appeal to the Full Board
1. 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 the Board's Office of General Counsel.
2. An appeal brief is filed by the appealing party.
3. A reply brief is filed by opposing party.
4. The Board issues an order affirming, modifying, or reversing the judge's decision, or remanding the case to the judge for
5. 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. District Court or the U.S. Court of Appeals, a stay of the Board's order may be
|Level||Name of Office||Are administrative appeals permitted from final decisions at this stage?|
Yes (All Types of Cases)
Appeal Level 1