49 C.F.R. § 821.43
Effect of law judge's initial decision or appealable order and appeal therefrom
If no appeal from the law judge's initial decision or appealable order is timely filed, the initial decision or order shall become final with respect to the parties, but shall not be binding precedent for the Board. The filing of a timely notice of appeal with the Board shall stay the effectiveness of the law judge's initial decision or order, unless the basis for the decision or order is that the Board lacks jurisdiction.
Notes of Decisions
Cited in 7
cases, 1982–2003 · leading case: Martha B. Gaunce v. Pierre H. Devincentis, 708 F.2d 1290 (7th Cir. 1983).
Martha B. Gaunce v. Pierre H. Devincentis, 708 F.2d 1290 (7th Cir. 1983). “It is unclear whether the initial decision became final because of the application of 49 C.F.R. § 821.43 (failure of either party to file a timely notice of appeal with the full Board, or the Board does not take the initiative, within twenty days, to review the initial decision).”
Barry M. Cornish v. Marion C. Blakey, 336 F.3d 749 (8th Cir. 2003). “” See 49 C.F.R. §§ 821.43 , 821.47, 821.49. If the NTSB ultimately upholds the Administrator’s revocation order, Cornish may seek judicial review of the NTSB order under 49 U.”
William F. Brown, Jr. v. Nat'l Transp. Saf. Bd. & Fed. Aviation Admin., 795 F.2d 576 (6th Cir. 1986). “See 49 C.F.R. § 821.43 (stay pending appeal).”
United States v. Paul Patric McBride, 788 F.2d 1429 (10th Cir. 1986). “49 C.F.R. 821.43 provided: If an appeal from the initial decision is not timely filed with the Board by either party, or the Board on its own initiative does not decide within 20 days after the issuance of the initial decision to review it, the initial decision shall become…”
Barry M. Cornish v. Jane Garvey, No. 02-2912 (8th Cir. July 18, 2003). “” See 49 C.F.R. §§ 821.43 , 821.47, 821.49. If the NTSB ultimately upholds the Administrator’s revocation order, Cornish may seek judicial review of the NTSB order under 49 U.”
Webster B. Todd, Jr. v. Nat'l Transp. Saf. Bd. Fed. Aviation Admin., 103 F.3d 140 (9th Cir. 1996). “49 C.F.R. 821.43 (1994). 11 The Board affirmed the administrative law judge's findings that Todd made low passes in violation of Federal Aviation Regulations on both October 25 and 26.”
Award of Attorney Fees in Admin. Adjudications Under § 609 of the Fed. Aviation Act (OLC 1982). “See 49 C.F.R. § 821.43 . If such an appeal is taken, the NTSB reviews the law judge’s findings of fact and conclusions of law and, if it determines that either are in error, may itself make findings and issue an appropriate order, or may remand the matter with instructions.”
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