It is critical to remember that every second counts when you receive a FAA Emergency Order of Revocation. In that, if you receive a FAA Emergency Order of Revocation, you have 10 days from the date of the Order’s service to file a Notice of Appeal with the Office of Administrative Law Judges at the National Transportation Safety Board. But what is a Notice of Appeal? Essentially, a Notice of Appeal is like your way of putting your hand between two elevator doors that are closing – by putting your hand between the doors, you keep the doors from closing. Like elevator doors, the Notice of Appeal puts the FAA and NTSB on notice that you plan to put forward a defense and fight the FAA Emergency Order of Revocation.
Likely the most critical thing in filing your appeal is calculating your filing deadline correctly. Most airmen mistakenly think that they have 10 days from the date they receive their FAA Emergency Order of Revocation to file the Notice of Appeal with the NTSB – WRONG! Instead, you have 10 dates from the date listed at the top of the Order. So, if you receive a FAA Emergency Order on January 1, but the Order is dated December 31, make sure you calculate 10 days from December 31, not January 1. There are some exceptions as to when a Notice of Appeal is due, for instance if the deadline falls on a weekend or Federal holiday.
Another tip is to file your Notice of Appeal via a method which offers confirmation of delivery. In other words, make sure that if you fax your Notice of Appeal to the NTSB and FAA attorney, that you receive a confirmation fax confirming delivery of the Notice. Likewise if you send the Notice of Appeal via mail or e-mail – make sure you have some way of backing up the fact that you filed your Notice in a timely fashion.
If you have received a FAA Emergency Order of Revocation, time is of the essence. Make sure that if you have received an Emergency Order of Revocation from the FAA that you consult with an aviation attorney. Your FAA enforcement attorney at The Ison Law Firm is standing by to vector you through legal turbulence. Call for a consultation today, toll free at 855-FAA-1215.