In several recent decisions, Administrator v. Jablon and Administrator v. Ledbetter and Jedszka, the NTSB denied the airmen’s requests for reconsideration based upon the airmen’s attempts to simply re-argue their case, rather than presenting the Board with new matters that would materially affect the case. As I discuss more thoroughly in my article on requests for reconsideration, the Board will not consider, and will dismiss, repetitious requests for reconsideration. Simply trying to re-argue points made in the underlying case or pointing out that the Board’s analysis was incorrect are not legitimate bases for a request for reconsideration under the Board’s rules. Additionally, if an airman presents new matter for the Board to consider, the airman will need to show not only that the new matter was not reasonably discoverable during the discovery period prior to the initial hearing before the administrative law judge, but he or she will also need to prove that the new matter would materially affect the case.
Unfortunately, if the Board has denied an airman’s appeal, unless the airman can satisfy the Board’s requirements for a request for reconsideration, the airman’s only recourse at that point in time will be to appeal the Board’s decision to the applicable Circuit Court of Appeals.
