Appeal to the Administrator, reconsideration, and judicial review.

CFR · 2024-01-01 · US · Title 14

(a) Any party to a hearing may appeal from the order of the hearing officer by filing with the FAA Hearing Docket a notice of appeal to the Administrator within 20 days after the date of issuance of the order. Filing and service of the notice of appeal, and any other papers, are accomplished according to the procedures in § 13.43. (b) If a notice of appeal is not filed from the order issued by a hearing officer, such order is final with respect to the parties. Such order is not binding precedent and is not subject to judicial review. (c) Any person filing an appeal authorized by paragraph (a) of this section must file an appeal brief with the Administrator within 40 days after the date of issuance of the order, and serve a copy on the other party. A reply brief must be filed within 40 days after service of the appeal brief and a copy served on the appellant. (d) On appeal, the Administrator reviews the record of the proceeding and issues an order dismissing, reversing, modifying or affirming the order. The Administrator's order includes the reasons for the Administrator's action. The Administrator considers only whether: (1) Each finding of fact is supported by a preponderance of the reliable, probative, and substantial evidence; (2) Each conclusion is made in accordance with law, precedent, and policy; and (3) The hearing officer committed any prejudicial error. (e) The Director and legal personnel of the Office of Adjudication serve as the advisors to the Administrator for

official document · source cfr-2024 · id 14:§ 13.65