C.F.R. » Title 49 » CHAPTER VIII—NATIONAL TRANSPORTATION SAFETY BOARD › PART 826—RULES IMPLEMENTING THE EQUAL ACCESS TO JUSTICE ACT OF 1980 › Subpart C—Procedures for Considering Applications

49 C.F.R. § 826.38

Board review

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

Either the applicant or agency counsel may seek review of the initial decision on the fee application, or the Board may decide to review the decision on its own initiative, in accordance with subpart H of part 821 for FAA safety enforcement matters appealed under section 609 of the Federal Aviation Act. If neither the applicant nor agency counsel seeks review and the Board does not take review on its own initiative, the initial decision on the application shall become a final decision of the Board 30 days after it is issued. Whether to review a decision is a matter within the discretion of the Board. If review is taken, the Board will issue a final decision on the application or remand the application to the administrative law judge who issued the initial fee award determination for further proceedings.

Notes of Decisions
Cited in 1 case, 1997–1997 · leading case: Robert Scott, Jr., & Robert C. Konop v. Nat'l Transp. Saf. Bd., Sec'y of Transp. & Fed. Aviation Admin., 114 F.3d 305 (D.C. Cir. 1997).
Sort: Relevance Newest Treatment
Robert Scott, Jr., & Robert C. Konop v. Nat'l Transp. Saf. Bd., Sec'y of Transp. & Fed. Aviation Admin., 114 F.3d 305 (D.C. Cir. 1997). · cites it 3× “Scott claims that NTSB orders do not become final until 30 days after they have been served, see 49 C.F.R. § 826.38 , and that therefore he has an additional 30 days after the order is served to appeal the EAJA determination.”
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.