[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 1086-1088] 
                        TITLE 49--TRANSPORTATION
                              SAFETY BOARD
Subpart H--Appeals from Initial Decisions

Sec. 821.47  Notice of appeal.

    (a) A party may appeal from a law judge's order or from the initial 
decision by filing with the Board and serving on the other parties 
(pursuant to Sec. 821.8) a notice of appeal within 10 days after an oral 
initial decision has been rendered or a written decision or a final or 
appealable (see Sec. 821.16) order has been served. At any time before 
the date for filing an appeal from an initial decision or order has 
passed, the law judge or the Board may, for good cause shown, extend the 
time within which to file an appeal, and the law judge may also reopen 
the case for good cause on notice to the parties.
    (b) A law judge may not reconsider his initial decision once the 
time for appealing to the Board from the initial decision has expired or 
once an appeal with the Board has been filed. However, a timely request 
for reconsideration by the law judge of his decision, filed before an 
appeal to the Board has been taken, will stay the deadline for appealing 
to the Board until 10 days after the date the law judge serves his 
decision on the request. For the purpose of

[[Page 1087]]

this section, a request for reconsideration submitted on the same date 
as a notice of appeal will be deemed to have been filed first.

[59 FR 59049, Nov. 15, 1994]

Sec. 821.48  Briefs and oral argument.

    (a) Appeal briefs. Each appeal must be perfected within 50 days 
after an oral initial decision has been rendered, or 30 days after 
service of a written initial decision, by filing with the Board and 
serving on the other party a brief in support of the appeal. Appeals may 
be dismissed by the Board on its own initiative or on motion of the 
other party, in cases where a party who has filed a notice of appeal 
fails to perfect his appeal by filing a timely brief.
    (b) Contents of appeal brief. Each appeal brief shall set forth in 
detail the objections to the initial decision, and shall state whether 
such objections are related to alleged errors in the law judge's 
findings of fact and conclusions or alleged errors in his order. It 
shall also state the reasons for such objections and the relief 
    (c) Waiver of objections on appeal. Any error contained in the 
initial decision which is not objected to may be deemed to have been 
waived. Where any objection is based upon evidence of record, such 
objection need not be considered by the Board unless specific record 
citations to the pertinent evidence are furnished in the appeal brief.
    (d) Reply brief. A brief in reply to the appeal brief may be filed 
by the other party within 30 days after the appeal brief has been served 
upon him. A copy of the reply brief shall be served upon the party who 
has appealed from the initial decision. Where the reply brief relies 
upon evidence of record, specific record citations to the pertinent 
evidence shall be furnished in the reply brief.
    (e) Other briefs. Subsequent to brief filing, parties may file 
citations to supplemental authorities. This procedure may be used only 
for identifying new, relevant decisions, not to correct omissions in 
briefing or to respond to a reply. No argument may be included in such 
filings. Parties shall submit, with any decision, a reference to the 
page of the brief to which the decision pertains. Any response shall be 
filed within 10 days and shall be similarly limited. With this 
exception, no further briefs may be filed, except with specific 
permission of the Board and on a showing of good cause.
    (f) Oral argument. Oral argument before the Board will normally not 
be held in proceedings under this part. However, when need therefor 
appears, the Board may permit oral argument, either on its own 
initiative or on motion of a party.

[40 FR 30248, July 17, 1975, as amended at 49 FR 28250, July 11, 1984, 
59 FR 59049, Nov. 15, 1994; 60 FR 25620, May 12, 1995]

Sec. 821.49  Issues on appeal.

    (a) On appeal, the Board will consider only the following issues:
    (1) Are the findings of fact each supported by a preponderance of 
reliable, probative, and substantial evidence?
    (2) Are conclusions made in accordance with law, precedent, and 
    (3) Are the questions on appeal substantial?
    (4) Have any prejudicial errors occurred?
    (b) If the Board determines that the law judge erred in any respect 
or that his order in his initial decision should be changed, the Board 
may make any necessary findings and may issue an order in lieu of the 
law judge's order or may remand the case for such purposes as the Board 
may deem necessary. The Board on its own initiative may raise any issue, 
the resolution of which it deems important to a proper disposition of 
the proceedings. If necessary or appropriate, a reasonable opportunity 
shall be afforded the parties to comment.

[59 FR 59049, Nov. 15, 1994]

Sec. 821.50  Petitions for rehearing, reargument, reconsideration, or 
          modification of an order of the Board.

    (a) General. Any party to a proceeding may petition for rehearing, 
reargument, reconsideration, or modification of a Board order on appeal 
from an initial decision. Any such petitions shall be served on all 
other parties to the proceeding within 30 days after service of the 
Board's order on appeal from the initial decision. Initial decisions 
that have become final because they were

[[Page 1088]]

not appealed may not be the subject of petitions under this section.
    (b) Timing and service. The petition shall be filed with the Board 
and served on the parties within 30 days after service of the Board's 
order on appeal from the initial decision.
    (c) Contents. The petition shall state briefly and specifically the 
matters of record alleged to have been erroneously decided, the ground 
or grounds relied upon, and the relief sought. If the petition is based, 
in whole or in part, on allegations as to the consequences that would 
result from the order of the Board, the basis of such allegations shall 
be set forth. If the petition is based, in whole or in part, upon new 
matter, it shall set forth such new matter and shall contain affidavits 
of prospective witnesses, authenticated documents, or both, or an 
explanation why such substantiation is unavailable, and shall explain 
why such new matter could not have been discovered by the exercise of 
due diligence prior to the date of the hearing.
    (d) Grounds for dismissal. Repetitious petitions will not be 
entertained by the Board and will be summarily dismissed.
    (e) Reply to petition. Within 15 days after the service of the 
petition upon an adverse party, he may reply thereto by filing a copy of 
the reply with the Board, with proof of service upon the petitioner.
    (f) Stay of effective date of order. The filing of a petition under 
this section shall operate to stay the effective date of the Board 
order, unless otherwise ordered by the Board.

[40 FR 30243, July 17, 1975, as amended at 54 FR 12203, Mar. 24, 1989; 
59 FR 59049, Nov. 15, 1994]