NTSB Appeals
When an airman or mechanic is faced with certificate action such as an Emergency Order of Suspension or an Emergency Order of Revocation, or if a FAA medical certificate has been denied, the airman has the right to appeal the action to the National Transportation Safety Board (NTSB), also known as an NTSB Appeal. Barnett Law Offices are here to provide experienced counsel throughout the NTSB appeal process.
The NTSB serves as the ‘court of appeals’ for any airman whenever a certificate action, medical denial, or certificate modification, is taken by the Administrator of the FAA. The NTSB is wholly independent from the FAA and DOT. The NTSB conducts a completely objective review of the evidentiary record. The NTSB Administrative Law Judge (ALJ) conducts a formal hearing without a jury, to review evidence and render a decision. The FAA Administrator will be represented by an attorney. The airman is advised by the NTSB to have legal representation, but it is not mandatory. At the conclusion of the hearing in most cases, the ALJ will issue an oral initial decision of the matter.
The FAA bears the burden of proving the charges alleged in its order, and the pilot may offer evidence in defense. In cases involving certificate denials, the pilot bears the burden of proof.
The aviation attorneys at Barnett Law Offices work with clients to ensure response deadlines are met, the appropriate legal filings are made, attendance at the hearing, and evidence presented and oral arguments delivered in defense of the airman. We work to ensure clients understand all the options available to them in defending their certificates. Our aviation attorneys have extensive experience at throughout the entire appeal process, hearings before a NTSB Administrative Law Judge, and dealing with the full NTSB five member board.
Contact us for a confidential consultation on your matter.