Other Fields
Agency Scheme: 
NTSBAPPE0002
Level: 
Appeal Level Two
ADJUDICATION STRUCTURE
Appeals: Basic Structure
Appeal Office (local name): 
Board
Appeal Office (global name): 
National Transportation Safety Board: Board
Appeal Officer #1 (Title): 
Board Member
Are administrative appeals permitted from final decisions issued by this appellate office?: 
No
Comments/Notes on Adjudication Structure: 
Marine certificate actions are heard first by the Coast Guard’s administrative law judges and may be appealed to the Coast Guard Commandant. The ruling of the Commandant may then be appealed to the NTSB. The Board follows the same appellate process in marine cases as it does when considering the initial decisions of its law judges in aviation cases. In FY 2012, the Board received one marine appeal. In FY 2013, the Board received no marine appeals.
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)?: 
100.00%
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 part 825
Other published guidance for appeal hearings (if any): 
http://www.ntsb.gov/legal/marine_appeals.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
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 decisions from the United States Coast Guard Commandant. 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
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?: 
First-In/First-Out Basis
Does the agency permit web-based electronic filing of briefs or other documents in cases adjudicated by this appellate office?: 
No
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): 
49 CFR 825.10
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): 
The Board has the authority to issue final decisions disposing of appeals. Title 49 U.S.C. 1133(3) 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): 
0
Total # Cases Decided/Closed (FY2013): 
1
Total # Cases Pending (End of FY2013): 
0
Verified by Agency: 
Verified