(a) Appeal. Where the Administrator has issued an order amending, modifying, suspending or revoking a certificate, the affected certificate holder (respondent) may file with the Board an appeal from the Administrator's order. The respondent shall simultaneously serve a copy of the appeal on the Administrator. The appeal must be filed with the Board within 20 days after the date on which the Administrator's order was served on the respondent, except as provided with respect to emergency and other immediately effective orders under § 821.53(a).
(b) Form and content of appeal. The appeal may be in letter form. It shall identify the certificate or certificates affected and the Administrator's action from which the appeal is sought.
(c) Effect of filing timely appeal with the Board. Timely filing with the Board of an appeal from an order of the Administrator shall postpone the effective date of the order until final disposition of the appeal by the law judge or the Board, except where the order appealed from is an emergency or other immediately effective order, in which case the effectiveness of the order will not be so stayed during the pendency of the appeal.
Notes of Decisions
Thomas E. Bowen v. United States, 570 F.2d 1311 (7th Cir. 1978).
“The complaint must contain “a concise but complete statement of the facts relied upon and the relief sought,” 49 C.F.R. § 821.30 (b); see id. § 821.31, and the burden of proof to sustain a charge of violation of an F.”
Newton v. Fed. Aviation Admin., 457 F.3d 1133 (10th Cir. 2006).
“” The timing and other procedural requirements for an appeal to the NTSB are governed by 49 C.F.R. §§ 821.30 , 821.53. On June 14, 2004, an NTSB Administrative Law Judge (ALJ) issued an “Order Not Accepting Appeal and Terminating Proceeding for Lack of Jurisdiction.”
George O. Grant v. Nat'l Transp. Saf. Bd., Fed. Aviation Admin., 959 F.2d 1483 (9th Cir. 1992).
· cites it 3× “Under the ALJ’s findings— findings that were not upset by the board — Grant’s appeal was filed less than twenty days after receipt of the FAA’s order and therefore within the period provided by 49 C.F.R. § 821.30 (a) for filing appeals of non-emergency orders.”
Leon E. Barnum v. Nat'l Transp. Saf. Bd., 595 F.2d 869 (D.C. Cir. 1979).
“§ 1429 (1976); 49 C.F.R. § 821.30 (1977). After a hearing, an administrative law judge (ALJ) affirmed the Administrator’s findings of violations and upheld the order of suspension.”
Chin Yi Tu v. Nat'l Transp. Saf. Bd., 470 F.3d 941 (9th Cir. 2006).
“Each order stated, pursuant to 49 C.F.R. § 821.30 (a), that Tu “may appeal from this Order within twenty (20) days from the time of its service upon you.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.