How to file an Application for Award of Fees Under the Equal Access to Justice Act

​​​Applications are filed in accordance with 49 CFR Part 826

Important Note: The application must be filed within 30 days of the Board’s final decision.  

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To file an application for an award f fees, submit a letter stating that your intent via email to ​​​​AL​Jappeals@​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

​​​​​​Doc​​ument 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 s​ubject line, attach the relevant documents, and press the submit button to send your message.

​​​​​Timeline Seq​uence



​​Acknowledgement Letter​

You will get an acknowledgement letter that NTSB has received and docketed your application for a claim under EAJA. This letter will inform you of the docket number for your application 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 application has been assigned to a judge. This letter will provide you with further information about filing documents related to your application.

Decision

The judge will inform you if additional information or proceedings are needed, then the judge will issue a decision on your application and inform you of your appeal rights.




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.


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