FAA CERTIFICATE ACTION APPEAL TO NTSB

UNITED STATES OF AMERICA

NATIONAL TRANSPORTATION SAFETY BOARD

OFFICE OF ADMINISTRATIVE LAW JUDGES

CASE CAPTION

ADMINISTRATOR, FEDERAL AVIATION ADMINISTRATION

v.

[________________________________]
Respondent

Docket No.: [________________________________]

NOTICE OF APPEAL

COMES NOW the Respondent, [________________________________], and hereby appeals to the National Transportation Safety Board from the [☐ Order of Suspension / ☐ Order of Revocation / ☐ Order of Amendment / ☐ Emergency Order] issued by the Administrator of the Federal Aviation Administration dated [__/__/____], affecting the following certificate(s):

RESPONDENT INFORMATION

Full Legal Name: [________________________________]

Mailing Address: [________________________________]

City: [________________] State: [____] Zip: [__________]

Email Address: [________________________________]

Phone Number: [________________________________]

Certificate(s) Affected:

Ratings Held: [________________________________]

FAA ACTION BEING APPEALED

Type of FAA Order:

☐ Non-Emergency Order of Suspension
☐ Non-Emergency Order of Revocation
☐ Emergency Order of Suspension
☐ Emergency Order of Revocation
☐ Order of Amendment
☐ Order Denying Application
☐ Order of Civil Penalty (Certificate Action Component)

Date of FAA Order: [__/__/____]

Date Respondent Received Order: [__/__/____]

FAA Office Issuing Order: [________________________________]

FAA Case/File Number: [________________________________]

STATEMENT OF APPEAL

I. TIMELINESS OF APPEAL

This appeal is timely filed within twenty (20) days of service of the Administrator's Order, as required by 49 CFR 821.30(a).

Date of Service: [__/__/____]
Date of Appeal: [__/__/____]
Days Elapsed: [____]

II. JURISDICTION

The National Transportation Safety Board has jurisdiction over this appeal pursuant to 49 U.S.C. 44709(d)(1) and 49 CFR Part 821.

III. SUMMARY OF FAA ORDER

The Administrator's Order alleges the following violation(s):

Alleged Violation(s):

1. [________________________________]
   Regulatory Citation: [________________________________]

2. [________________________________]
   Regulatory Citation: [________________________________]

3. [________________________________]
   Regulatory Citation: [________________________________]

Sanction Imposed: [________________________________]

Effective Date of Sanction: [__/__/____]

ANSWER TO ALLEGATIONS

Response to Each Allegation:

Allegation 1: [________________________________]

☐ Admit ☐ Deny ☐ Admit in Part, Deny in Part

Response: [________________________________]
[________________________________]
[________________________________]

Allegation 2: [________________________________]

☐ Admit ☐ Deny ☐ Admit in Part, Deny in Part

Response: [________________________________]
[________________________________]
[________________________________]

Allegation 3: [________________________________]

☐ Admit ☐ Deny ☐ Admit in Part, Deny in Part

Response: [________________________________]
[________________________________]
[________________________________]

AFFIRMATIVE DEFENSES

Respondent asserts the following affirmative defenses:

☐ Stale Complaint - The Administrator's Order was not issued within a reasonable time after the alleged violation(s), in violation of the Pilot's Bill of Rights.

☐ NASA ASRS Report - Respondent filed a timely Aviation Safety Reporting System (ASRS) report within 10 days of the alleged violation, entitling Respondent to protection under 14 CFR 91.25 and AC 00-46E.
- ASRS Report Number: [________________________________]
- Date Filed: [__/__/____]

☐ Lack of Probable Cause (Emergency Orders) - The Administrator failed to establish that an emergency requiring immediate action exists.

☐ Improper Service - The FAA failed to properly serve the Respondent with required notices.

☐ Statute of Limitations - The action is barred as it was not brought within the applicable time period.

☐ Due Process Violation - The Respondent was denied due process in the investigation or enforcement proceedings.

☐ Other Affirmative Defense: [________________________________]
[________________________________]
[________________________________]

EMERGENCY PETITION (If Applicable)

☐ This section applies - Respondent received an Emergency Order

Pursuant to 49 U.S.C. 44709(e)(2) and 49 CFR 821.54, Respondent hereby petitions the Board to review the Administrator's determination that an emergency exists.

Grounds for Emergency Review:

The Administrator's emergency determination is not supported because:

☐ The alleged conduct does not pose an imminent safety threat
☐ The conduct alleged occurred in the distant past
☐ The Respondent has taken corrective measures
☐ The Respondent's continued operations do not threaten public safety
☐ Other: [________________________________]

Supporting Facts:
[________________________________]
[________________________________]
[________________________________]
[________________________________]

WHEREFORE, Respondent requests that the Board conduct an expedited review of the emergency determination within five (5) days as required by 49 U.S.C. 44709(e)(3).

REQUEST FOR RELIEF

Respondent respectfully requests that the Board:

☐ Reverse the Administrator's Order in its entirety

☐ Modify the sanction imposed to: [________________________________]

☐ Find that no emergency exists and stay the Order pending hearing (Emergency Orders)

☐ Dismiss the Order due to procedural defects

☐ Grant such other and further relief as the Board deems just and proper

REQUEST FOR HEARING

Respondent hereby requests:

☐ An oral evidentiary hearing before an Administrative Law Judge

☐ A hearing to be held at or near: [________________________________]

☐ Estimated hearing length: [____] day(s)

Witnesses Respondent May Call:

REPRESENTATION

☐ Respondent is self-represented (pro se)

☐ Respondent is represented by:

Attorney Name: [________________________________]

Bar Number: [________________] State: [____]

Firm Name: [________________________________]

Address: [________________________________]

City: [________________] State: [____] Zip: [__________]

Phone: [________________] Fax: [________________]

Email: [________________________________]

CERTIFICATION

I certify that the statements made in this Notice of Appeal are true and correct to the best of my knowledge and belief.

I certify that a copy of this Notice of Appeal has been served upon:

Federal Aviation Administration
Office of the Chief Counsel, Enforcement Division
800 Independence Avenue, SW
Washington, DC 20591

And:

FAA Regional Counsel: [________________________________]
Address: [________________________________]

Signature: [________________________________]

Printed Name: [________________________________]

Date: [__/__/____]

FILING INSTRUCTIONS

File Appeal With:

National Transportation Safety Board
Office of Administrative Law Judges
490 L'Enfant Plaza East, SW
Washington, DC 20594

Email: [email protected]

Fax: 202-314-8758

Critical Deadlines:

• Non-Emergency Orders: Appeal must be filed within 20 days of receipt
• Emergency Orders: Appeal stays the order; emergency review petition must be filed within 48 hours if challenging emergency determination
• Emergency Hearings: Must be held within 30 days

IMPORTANT NOTES

Burden of Proof:

In proceedings under 49 U.S.C. 44709, the burden of proof is on the Administrator.

Standard of Review:

The Board reviews the ALJ's legal conclusions de novo and gives some deference to credibility determinations.

Pilot's Bill of Rights Protections:

• ALJs independently review FARs and render their own legal conclusions
• Federal Rules of Evidence govern admissibility
• Pilot entitled to access investigative materials
• Notice requirements for reexaminations

After ALJ Decision:

Either party may appeal to the full NTSB within 10 days. Further appeals go to the U.S. Court of Appeals.

This template is provided for informational purposes only and does not constitute legal advice. FAA certificate actions involve strict deadlines and complex procedures. Immediate consultation with an aviation attorney is strongly recommended.