Appeal to the NTSB is available upon the action of the Commandant, U.S. Coast Guard, sustaining the order of an administrative law judge that revoked, suspended, or denied a marine license or certificate.
The issues that may be considered are (49 CFR § 825.15):
- Material fact in error;
- Necessary legal conclusion is without precedent or departure from/contrary to law;
- Substantial/important question of law;
- Prejudicial procedural error.
Steps
- Notice of appeal is due to Board within 10 days after service of Commandant's decision (49 CFR § 825.5)
- Upon notice of appeal, Commandant transmits record of hearing to Board (49 CFR § 825.10)
- File brief in support of appeal within 20 days after filing notice of appeal (49 CFR § 825.20)
- Party may request oral argument before the Board (49 CFR § 825.25)
- Board reviews Commandant's decision for reversible error (49 CFR § 825.30)
- If no reversible error: Affirm decision
- If reversible error, the Board may;
- If error is incurable: Set aside the entire decision & dismiss charges
- If error is curable: Set aside order, conclusions or findings & remand to Commandant for further consideration
- Remand (49 CFR 825.35):
- Commandant may act on remand or remand to original or another administrative law judge
- During remand a party retains all rights of review of 46 CFR Part 5 & 49 CFR 825, as applicable
Communications between parties and Board employees
During the course of the case (beginning with the notice of hearing), ex parte communications (oral/written communications not on public record) relating to merits of case are restricted. See 49 CFR 825.40.
