Will you receive a new hearing if you appeal the ALJ's decision to the full NTSB?

When appealing an Administrative Law Judge's (ALJ) decision to the full National Transportation Safety Board (NTSB), the board conducts a review process that is based on the existing record of the case, rather than holding a new hearing. This means that the NTSB will analyze the evidence and arguments presented during the original hearing conducted by the ALJ, evaluating whether the decision was supported by substantial evidence or was consistent with applicable law.

The focus is on the record that has already been developed, including any transcripts, documents, and previous findings made by the ALJ. This approach ensures that the review is efficient and allows the NTSB to determine if there were any legal or factual errors in the ALJ's ruling without duplicating the procedural steps of holding a new hearing. Consequently, the outcome of the appeal will depend on the findings of the existing record, rather than on new evidence or testimony that might be presented in a brand new hearing.