Appeals of Emergency Orders are filed in accordance with the Rules of Air Safety Proceedings.
Important Note: When you receive an Emergency Order, you must surrender the certificate in accordance with the instruction on the Emergency Order. Following your hearing, the initial decision of the judge will determine if the certificate is to be returned.
Overview
To initiate an appeal of an Emergency Order, submit a letter stating that you wish to appeal the emergency order. This submission may be made via email to ALJappeals@ntsb.gov or in writing to:
Case Manager
Office of Administrative Law Judges
National Transportation Safety Board
490 L’Enfant Plaza East SW
Washington, DC 20594
You may find it helpful to collect and submit information for your appeal using the
Worksheet for Appeal of FAA Emergency Order or to complete and submit the
Appeal of FAA Emergency Order (NTSB Form 2005.3). It would be helpful if you include a copy of the FAA's emergency order.
Document Submission
When contacting or submitting information to the NTSB, you may do so via email at [email protected]. However, if you are submitting documents that include personally identifiable information, such as your certificate number, your address or medical information, please use the Document Submission button below to access Kiteworks, our secure email system. This button will take you to a secure email page where you can enter a subject line, attach the relevant documents, and press the submit button to send your message.
Timeline Sequence
Petition for review of emergency determination
You may, within 2 days after receipt of an emergency order, file a petition for the NTSB to review the FAA’s determination that an emergency, requiring the order to be effective immediately, exists. Please submit this request and a copy of the emergency order to ALJappeals@ntsb.gov to initiate this review. The NTSB will rule on your petition within 5 days.
You must also serve a copy of your submission to the FAA attorney whose name appears on the order, via email or in writing at the address shown on the FAA’s emergency order.
Waiver of accelerated time limits
Hearings for appeals of emergency orders must be completed within 30 days. However, you may waive this accelerated time limit at the time you initiate your appeal or any time thereafter by notifying us of your waiver at ALJappeals@ntsb.gov.
Acknowledgement Letter
You will get an acknowledgement letter that NTSB has received and docketed your appeal of the emergency order. This letter will inform you of the docket number for your appeal, remind you of your right to waive the emergency timeline, and provide you with information about the FAA’s requirement to file a complaint to which you must provide an Answer.
Case Assignment
You will get an acknowledgment letter when your case has been assigned to a judge. This letter will provide you with further information about filing documents related to your case.
Prehearing Teleconference
The assigned judge will notify you of the time and date for a Prehearing Teleconference. Points for discussion at the teleconference will be the steps leading up to the hearing.
Prehearing Order
You will receive a Prehearing Order that provides information about the general rules regarding your hearing.
Notice of Hearing
You will be formally notified of the date, time, and location (live or virtual) of your Hearing.
Hearing
At your hearing(s), all parties are given an opportunity to present oral and documentary evidence, to submit evidence and rebuttal, to conduct cross examinations and to make arguments. You may be accompanied, represented and advised by counsel or other qualified representatives. A court reporter is present and a copy of the transcript will be provided to you. Hearings can last from several hours to many days, however, a typical hearing lasts 1-2 days.
Decision
Following the conclusion of the hearing, the judge will issue a decision and inform you of your appeal rights.
