Operating Plan Fiscal Year 2013

Performance Measure Definitions

Title

Percentage of total cases disposed of during the fiscal year

Objective

3.1 Effectively manage the appeals process and appropriately protect the rights of airmen and mariners seeking the NTSB's review while balancing their interests with considerations of aviation and marine safety

Definition

The measurement is intended to demonstrate the expeditious disposition of cases by the Office of Administrative Law Judges (ALJ).

Data Source

The Office of Administrative Law Judges database

Calculation

For internal control purposes, a manual verification of the total number of cases pending will be conducted at the beginning of each fiscal year. To calculate the measure, an inquiry will be made of the ALJ database to generate the number of cases received and the number of cases closed during the fiscal year. The denominator is the number of pending cases plus the total number of cases received during the reporting period. The numerator is the total number of cases closed during the reporting period. Divide the two numbers to generate the percent of total cases disposed of during the fiscal year.

Limitations

The following are possible reasons why a case cannot be scheduled for disposition: pending criminal actions involving the same airman stemming from the same matter; the pendency of a case on appeal before the Board that is likely to result in precedent dispositional of the subject case; extensive discovery considerations; legitimate scheduling conflicts with the parties and other witnesses; lack of courtroom space; spike in incoming cases or emergency cases that tax the availability of Judges to hear cases; planned and unexpected unavailability of judge(s), e.g., retirement, extended sick leave, training, and vacation; and multiple sessions of a case. In addition, cases will carry over from one fiscal year to another due to the premature nature of the case for hearing.

Measure Type: Outcome

New: No

 

Title

Total number of non-emergency enforcement backlog cases on hand

Objective

3.1 Effectively manage the appeals process and appropriately protect the rights of airmen and mariners seeking the NTSB's review while balancing their interests with considerations of aviation and marine safety

Definition

This measure reports the number of non-emergency enforcement cases pending in the Office of General Counsel inventory. Non-Emergency draft opinions and orders are defined as the enforcement cases where the Administrator of the Federal Agency Aviation Administration (FAA) or the Commandant of the Coast Guard has not immediately revoked or suspended an airman's or mariner's certificate, and as a consequence, the case has no statutorily imposed deadline as in emergency enforcement cases. However, because the affected airman or mariner may still be in possession of his or her license or certificate, undue delay in achieving a final decision by the Board may potentially affect transportation safety. The office's responsibility is to ensure action by the full Board within a reasonable period of time.

Data Source

A database will be maintained by the paralegal manager of the enforcement program within the Office of General Counsel showing all processing dates for each enforcement case.

Calculation

Open enforcement cases will be tallied and tracked on a monthly basis, and the backlogged actively managed accordingly. Every effort will be made to continue to drive the backlog to as close to zero cases pending Board action once fully briefed by the parties to the enforcement action. Total open cases will be aggregated at the end of the evaluation period. This will be a manual calculation.

Limitations

None.

Measure Type: Output

New: No