Other Fields
Agency Scheme: 
NTSBAPPE0001
Level: 
Appeal Level One
ADJUDICATION STRUCTURE
Appeals: Basic Structure
Appeal Office (local name): 
Board
Appeal Office (global name): 
National Transportation Safety Board: Board
Appeal Officer #1 (Title): 
Board
Are administrative appeals permitted from final decisions issued by this appellate office?: 
No
Comments/Notes on Adjudication Structure: 
Either the certificate holder or the FAA may appeal the judges’ decisions to the NTSB’s five-member Board. The Board’s review on appeal of its administrative law judges’ decisions is based on the record of the proceeding, which includes hearing testimony (transcript), exhibits, and the judge’s decision, as well as appeal briefs submitted by both sides. We would also consider amicus briefs, if the submission of such briefs is consistent with the requirements of our Rules of Practice, at 49 C.F.R. 821.9(b). Our Rules of Practice (49 C.F.R. part 821) state the Board will consider the following issues on appeal: (1) Are the [law judges'] findings of fact each supported by a preponderance of reliable, probative, and substantial evidence? (2) Are conclusions made in accordance with law, precedent, and policy? (3) Are the questions on appeals substantial? (4) Have any prejudicial errors occurred? Parties may petition for "rehearing, reargument, reconsideration, or modification" under our Rules of Practice (at 49 C.F.R. 821.50). These petitions are filed with the Board.
PROCESS & PROCEDURE - General Information
Which party (or parties) is/are permitted to file appeals with this office?: 
Either
Are private parties permitted to have representation at appeal 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 appeal hearings?: 
Yes (All Types of Cases)
Who may serve as an agency representative?: 
Attorney
Are ex parte contacts prohibited?: 
Yes (All Types of Cases)
Regulations/rules of practice for appeal hearings (please include CFR citations): 
49 CFR parts 821, 826
Other published guidance for appeal hearings (if any): 
https://www.ntsb.gov/legal/alj.html
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted on appeals adjudicated by this office?: 
Written (Document-Only) Hearing
In-Person
Please provide the approximate percentage of each type of hearing relative to the total number of appeal hearings (FY2013)
Written (Document-Only) Hearing: 
100%
How is the type of hearing selected for appeals heard by this office?: 
By Agency
If "Depends on Nature of Case/Claim", please describe: 
How many appeal officers preside at each hearing?: 
Four or More
Is factual development permitted at the appellate hearing as a means of supplementing the record from below?: 
No
Can third-parties submit amicus briefs and/or evidence?: 
Only with Consent of Parties
Are appeal hearings recorded and/or transcribed?: 
Yes
N/A (Document-Only Hearings)
Are appeal hearings open to the public?: 
Varies by Case
If "Varies by Case," please describe: 
If an oral hearing was held, it would be open to the public. Usually, however, hearings are document-only, rendering this question N/A.
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts final decisions on appellate cases adjudicated by this office?: 
Staff Attorney
If "Other/Varies by Case," please describe: 
The five-Member Board disposes of all appeals of NTSB administrative law judges' decisions. Staff attorneys in the NTSB Office of General Counsel draft an opinion which provides the Board with a recommendation concerning the disposition of the appeal. The Board may adopt the recommendation, disagree, or adopt it with changes.
Who has authority to issue final decisions on appellate cases adjudicated by this office?: 
Adjudication Officer
Other
Do agency regulations or guidance provide time limits for issuance of final decisions on appellate cases?: 
No
If "Yes," please specify these time limit(s): 
But see response to first question regarding statutory deadlines for certain types of final decisions.
About how long does it take on average—as of FY2013—to adjudicate appeals by this office?: 
90 Days
Is judicial review available after issuance of a final decision on appellate cases adjudicated by this office?: 
Yes (All Types of Cases)
PROCESS & PROCEDURE - Case Management
How are claims/cases processed at this appellate office?: 
Other
Please briefly describe your case management practice(s) at this office: 
In general, all appeals are processed on a first-in/first-out basis. However, in cases the FAA initiates under their authority to take action that is immediately effective (pursuant to 49 U.S.C. 44709(e)), the NTSB prioritizes these cases on an expedited basis. Title 49 U.S.C. 44709(e) requires disposition of such "emergency" cases within 60 days from the date the FAA issues its immediately effective order.
Does the agency permit web-based electronic filing of briefs or other documents in cases adjudicated by this appellate office?: 
Yes
Are final decisions issued by this appellate office published and/or posted on the agency website?: 
Yes (All Decisions)
Do agency regulations/rules of practice specify the contents of the administrative record on appeals heard by this office?: 
Yes (All Types of Cases)
If "Yes," please provide citation(s): 
Title 49 C.F.R. 821.40 states, "[t]he transcript of testimony and exhibits, together with all papers, requests and rulings filed in the proceeding before the law judge, shall constitute the exclusive record of the proceeding."
Do agency regulations/rules of practice provide for closure of the record on appeals heard by this office?: 
No
PROCESS & PROCEDURE
Comments/Notes on Appellate Process & Procedures (Optional): 
Any party may petition for rehearing, reargument, reconsideration of an appellate decision. The petition shall state briefly and specifically the matters of record alleged to have been erroneously decided, and the ground or grounds relied upon. If the petition is based, in whole or in part, upon new matter, it shall set forth such new matter and shall contain affidavits of prospective witnesses, authenticated documents, or both, or an explanation of why such substantiation is unavailable, and shall explain why such new matter could not have been discovered in the exercise of due diligence prior to the date on which the evidentiary record closed. On appeal, a party may request oral argument before the Board. Pursuant to 49 C.F.R. 821.48(e), the Board considers, and votes on, whether to hold an oral argument. The Board has the authority to issue final decisions disposing of appeals. Title 49 U.S.C. 1133 provides the Board with this authority.
ADJUDICATORS
Total # of Appeal Officers: 
5
Comments/Notes on Appellate Adjudicators (Optional): 
The Board Members do not have an OPM Job Series; their duties are simply prescribed by statute (see 49 USC 1111).
ADR: General Information
Is ADR available at one or more points for appellate cases heard by this office?: 
No
CASELOAD STATISTICS - Summary Statistics
Total # Cases Filed/Opened (FY2013): 
41
Total # Cases Decided/Closed (FY2013): 
40
Total # Cases Pending (End of FY2013): 
17
CASELOAD STATISTICS - Supplementary Statistics
Does your agency maintain annual caseload statistics for this hearing office by case type (e.g., discrimination complaint, licen: 
No
Verified by Agency: 
Verified