[Code of Federal Regulations]
[Title 49, Volume 5, Parts 400 to 999]
[Revised as of October 1, 1998]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR821]

[Page 1082-1083]
 
                        TITLE 49--TRANSPORTATION
 
                  CHAPTER VIII--NATIONAL TRANSPORTATION
                              SAFETY BOARD
 
PART 821--RULES OF PRACTICE IN AIR SAFETY PROCEEDINGS--Table of Contents
 
Subpart C--Special Rules Applicable to Proceedings Under Section 602(b) of the Act

Sec. 821.24  Initiation of proceedings.

    (a) Petition for review. Where the Administrator has denied an 
application for the issuance or renewal of an airman certificate, the 
applicant may file with the Board a petition for review of the 
Administrator's action within 60

[[Page 1083]]

days from the time the Administrator's action was served on petitioner. 
The petition shall contain a short statement of the facts on which 
petitioner's case depends and a statement of the requested action, and 
may be in letter form.
    (b) Filing petition with the Board. The petition for review shall be 
filed with the Board and the date of filing shall be determined in the 
same manner as prescribed by Sec. 821.7(a) for other documents.
    (c) Answer to petition. The Administrator shall file an answer to 
the petition for review within 20 days of service upon him by the 
petitioner of the petition for review. Failure to deny the truth of any 
allegation or allegations of the petition may be deemed an admission of 
the truth of the allegation or allegations not answered.
    (d) Stay of proceeding pending request for special issuance 
(restricted certificate). The Board lacks authority to review special 
issuances, or to direct that they be issued. Where a request for special 
issuance (restricted certificate) has been filed with the Administrator 
pursuant to the Federal Aviation Regulations, the Board will hold a 
petition for review in abeyance pending final action by the 
Administrator or for 180 days from the date of the Administrator's 
initial certificate denial, whichever occurs first.
    (e) New evidence. If petitioner has undergone medical testing or 
evaluation in addition to that already submitted or known to the 
Administrator, and wishes to introduce the results into the record, the 
new medical evidence must be served on the Administrator at least 30 
days before the hearing. Absent good cause, failure timely to serve any 
new evidence will result in its exclusion from the record. The 
Administrator may amend his answer within 10 days from the date the new 
evidence is served to respond to such new evidence.

[40 FR 30243, July 17, 1975, as amended at 43 FR 60473, Dec. 28, 1978; 
49 FR 28250, July 11, 1984, 59 FR 59048, Nov. 15, 1994]

Sec. 821.25  Burden of proof.

    In proceedings under section 602(b) of the Act, the burden of proof 
shall be upon the petitioner.

Sec. 821.26  Motion to dismiss petition for review for lack of standing.

    Upon motion by the Administrator within the time limitation for 
filing an answer, a petition for review shall be dismissed for lack of 
standing in either of the following instances:
    (a) If the petitioner's certificate at the time of the denial or 
renewal thereof was under an order of suspension; or
    (b) If the petitioner's certificate had been revoked within one year 
of the date of the denial or renewal thereof, unless the order revoking 
such certificate provided otherwise.