Case Processing Tips and Other Pertinent Information Regarding Appeals from FAA Certificate Actions and Petitions for Review of FAA Certificate Denials — Please Read Carefully
1. Filing of Documents: Initial appeals from FAA certificate orders and petitions for review of FAA certificate denials are to be mailed to the Office of Administrative Law Judges (ALJ) at the above address. The Board's Rules of Practice require that you file an original and three copies of the initial appeal or petition for review. A copy must also be served on FAA counsel. For all other documents (e.g., motions and discovery requests), an original and one copy for each docket file is required to be filed with the Board (with a copy also being served on the other party). Please do not file excess copies.
On appeals from FAA certificate actions, please include the FAA's case number on the initial appeal only. Also, please indicate if the appeal is from an EMERGENCY order.
Once NTSB assigns a docket number to a case, please notate that number on all documents.
2. To Whom Documents Are Directed: If you are filing a document in a case that has not yet been assigned to a judge, please file the document with the notation "UNASSIGNED" under the NTSB docket number on the first page, and address the document to the Case Manager at the address above for the filing of appeals and petitions.
When the parties are served with a formal written notice of case assignment to a particular judge, please serve only that judge and FAA counsel. For Judges Montaño and Woody, please serve them an original and one copy of all motions, discovery, and routine filings. For Judges Geraghty and Mullins, please serve the Judges an original and a fax copy. Serve a courtesy fax copy on their Hearing Assistant, Julie MacGowan, who is located in Washington, D.C. The formal case assignment sheet will detail addresses and telephone numbers.
3. Subpoenas: Please refer to Sections 821.19 and 821.20 of the Board's Rules of Practice (49 C.F.R. Part 821). All subpoenas must be requested in writing. Fax requests to 202-314-6158.
For subpoenas for an individual's appearance at a hearing or deposition, please provide the following information: the name of the person you wish to subpoena; that person's position or title, if applicable; and that person's address. For subpoenas for deposition, the parties should consult with each other on a mutually agreeable date, time, and place before filing their request. For subpoenas duces tecum, please provide the name, title, and address of the custodian of the documents, and identify each document sought.
Pursuant to the Board's Rules of Practice, each subpoena request should include a brief statement of relevance and scope of the evidence sought. If a subpoena duces tecum is requested solely for the production of documents, rather than for a witness to bring documents in connection with hearing or deposition testimony, please provide a reasonable date by which you would like to receive the documents. Otherwise, the subpoena will direct that the documents be delivered to the requestor within seven days after the date on which the subpoena is served. A copy of your completed subpoena, as issued, must be sent to ALJ for inclusion in the official docket file.
4. Motions for Continuance of a Hearing: These must be made in writing. Fax a courtesy copy to ALJ, then mail in the original. For Judges Geraghty and Mullins, also fax a courtesy copy to their respective fax numbers. The current scheduled hearing date(s) should appear prominently on the first page of the motion. In an effort to be cost efficient, our goal is to set cases for hearings in groups. We will give sufficient notice of hearing (at least 30 days). However, when possible we will give 60 days notice. In the interest of fairness to the parties and consideration of aviation safety, as well as the necessity to conserve Board funds, continuances will not be granted except on motion and only for "good cause" shown. Good cause is not the scheduling of another commitment after you receive the notice of hearing. The fact that opposing counsel has no objection to a continuance request will not, in the absence of good cause, provide a basis for a continuance. If a continuance is unavoidable, it is imperative that the request be filed as soon as you receive the notice of hearing. This will allow us to substitute another case in that slot on the Judge's calendar.
5. Appeals from Judges' Decisions: An original and three copies of the Notice of Appeal must be filed with the ALJ's Office. However, any documents, including briefs and motions filed after the Notice of Appeal, must be filed directly with the Office of General Counsel, 490 L'Enfant Plaza East, S.W., Washington, D.C. 20594. NOTE: After your appeal from a judge's decision is received by the ALJ's Office and forwarded to the Office of General Counsel, you must contact the General Counsel's Office directly at 202-314-6080 (fax number 202-314-6090) with any inquiries, including questions relating to briefs, extensions of time, etc.
6. Petitions for Review of Board Decisions Filed in the U.S. Federal District Court or the U.S. Court of Appeals: A copy of the petition for review filed in the court must also be served on the ALJ's Office. This Office prepares the Board's certificate of record in all court cases, and needs to be informed immediately when a petition from a Board decision has been filed with the court.
All inquiries concerning the court appeal itself — including questions relating to the content of, and time limits for, the submission of documents with the court — must be directed to the court, and not the NTSB.
7. Applications for Fees Under the EAJA: An original and three copies of the application must be filed with the Case Manager (and a copy served on FAA counsel). Please do not serve the judge who presided over the enforcement action proceeding with either the original or a courtesy copy of the application. However, that judge's name should appear on the first page of the application, under the NTSB docket number, which should read: "___-EAJA-SE-[enforcement case docket number]" (e.g., "354-EAJA-SE-12345"). Thereafter, the Case Manager will assign an EAJA number, and a formal letter acknowledging receipt of the application and advising the parties to send all future documents directly to the judge assigned will be served. Please review the Board's Rules implementing the EAJA (49 C.F.R. Part 826) before filing an application.
8. Official Hours: The ALJ's Office hours are from 8:30 a.m. to 5:00 p.m., Eastern Time, Monday through Friday (except on Federal holidays).
For further information, call the Office of Administrative Law Judges:
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