The NTSB recently dismissed an air carrier’s untimely appeal of an ALJ’s order affirming revocation of its air carrier certificate. In Administrator v. Angler Airways, Inc., the air carrier timely filed its Notice of Appeal May 18, 2007. The air carrier’s appeal brief was then due on June 28, 2007. The air carrier filed an appeal brief along with a certificate dated June 28, 2007. However, the postmark on the envelope was dated June 30, 2007.
The NTSB began its analysis by referencing Section 821.7(a)(4) which states that where a “document bears a postmark that cannot reasonably be reconciled with the mailing date shown on the certificate of service, the document will be deemed filed on the date of the postmark.” The air carrier, on the other hand, argued that the Board consistently accepts briefs whose postmarks are within one or two days of the date on the certificate of service. In rejecting the air carrier’s argument, the Board observed that the actual standard to which it strictly adheres is “a policy requiring the dismissal, absent a showing of good cause, of all appeals in which timely notices of appeal, timely appeal briefs or timely extension requests to submit those documents have not been filed.”
Since the air carrier did not provide any explanation for the postmark being 2 days later than the date on the certificate of service, did not provide any other good cause basis for the delay, nor did it submit a timely extension request for filing the brief after the deadline, the Board determined that its precedent and policy required dismissal of the air carrier’s appeal as untimely filed.
