49 CFR 821.48 - Briefs and oral argument.

§ 821.48 Briefs and oral argument.

(a)Appeal brief. Except as provided in § 821.57(b) with respect to emergency proceedings, each appeal must be perfected, within 50 days after the date on which the oral initial decision was rendered, or 30 days after the date on which the written initial decision or appealable order was served, by the filing, and simultaneous service on the other parties, of a brief in support of the appeal. An appeal may be dismissed by the Board, either on its own initiative or on motion of another party, where a party who has filed a notice of appeal fails to perfect the appeal by filing a timely appeal brief.

(b)Form and content of appeal brief.

(1) In addition to the general form requirements for documents set forth in § 821.7(c)(2), the appeal brief must be typewritten, double-spaced, on 8 1/2-by-11 inch paper. The appeal brief shall set forth the name, address and telephone number of the party, or the attorney or other representative filing the brief on the party's behalf. No appeal brief may contain more than 35 pages of text without prior leave of the General Counsel, upon a showing of good cause.

(2) The appeal brief shall enumerate the appealing party's objections to the law judge's initial decision or appealable order, and shall state the reasons for such objections, including any legal precedent relied upon in support thereof.

(3) Any error contained in the initial decision which is not objected to in the appeal brief may be deemed waived.

(c)Reply brief. Any other party to the proceeding may file a brief in reply to the appeal brief within 30 days after the date on which the appeal brief was served on that party (except as provided in § 821.57(b) with respect to emergency proceedings). A copy of the reply brief shall simultaneously be served on the appealing party and any other parties to the proceeding. The form requirements governing the appeal brief set forth in paragraph (b)(1) also apply to the reply brief.

(d)Other filings. Subsequent to the filing of the appeal and reply briefs, the parties may file citations to supplemental authorities. This procedure may be used only for identifying new and relevant legal authority, and not to correct omissions in briefing or to respond to a reply brief. No argument may be included with such a filing. Such filing shall include a reference to the page of the brief to which the cited legal authority pertains. Any response shall be filed within 10 days of the date of service of the supplemental filing, and shall be similarly limited in scope. With these exceptions, the parties may make no other submissions, except by leave of the Board, upon on a showing of good cause.

(e)Oral argument. Oral argument before the Board will not be held in proceedings under this part unless the Board, on motion of a party or on its own initiative, determines that oral argument is needed.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code
U.S. Code: Title 49 - TRANSPORTATION

§ 1101 - Definitions

§ 1111 - General organization

§ 1112 - Special boards of inquiry on air transportation safety

§ 1113 - Administrative

§ 1114 - Disclosure, availability, and use of information

§ 1115 - Training

§ 1116 - Reports and studies

§ 1117 - Annual report

§ 1118 - Authorization of appropriations

§ 1119 - Accident and safety data classification and publication

§ 1131 - General authority

§ 1132 - Civil aircraft accident investigations

§ 1133 - Review of other agency action

§ 1134 - Inspections and autopsies

§ 1135 - Secretary of Transportation’s responses to safety recommendations

§ 1136 - Assistance to families of passengers involved in aircraft accidents

§ 1137 - Authority of the Inspector General

§ 1138 - Evaluation and audit of National Transportation Safety Board

§ 1139 - Assistance to families of passengers involved in rail passenger accidents

§ 1151 - Aviation enforcement

§ 1152 - Joinder and intervention in aviation proceedings

§ 1153 - Judicial review

§ 1154 - Discovery and use of cockpit and surface vehicle recordings and transcripts

§ 1155 - Aviation penalties

§ 44701 - General requirements

§ 44702 - Issuance of certificates

§ 44703 - Airman certificates

§ 44704 - Type certificates, production certificates, airworthiness certificates,,11 So in original. and design and production organization certificates

§ 44705 - Air carrier operating certificates

§ 44706 - Airport operating certificates

§ 44707 - Examining and rating air agencies

§ 44708 - Inspecting and rating air navigation facilities

§ 44709 - Amendments, modifications, suspensions, and revocations of certificates

§ 44710 - Revocations of airman certificates for controlled substance violations

§ 44711 - Prohibitions and exemption

§ 44712 - Emergency locator transmitters

§ 44713 - Inspection and maintenance

§ 44714 - Aviation fuel standards

§ 44715 - Controlling aircraft noise and sonic boom

§ 44716 - Collision avoidance systems

§ 44717 - Aging aircraft

§ 44718 - Structures interfering with air commerce or national security

§ 44719 - Standards for navigational aids

§ 44720 - Meteorological services

§ 44721 - Aeronautical charts and related products and services

§ 44722 - Aircraft operations in winter conditions

§ 44723 - Annual report

§ 46301 - Civil penalties

Public Laws

Title 49 published on 16-Dec-2017 04:00

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 49 CFR Part 821 after this date.

  • 2014-07-17; vol. 79 # 137 - Thursday, July 17, 2014
    1. 79 FR 41649 - Rules of Practice in Air Safety Proceedings; Correction
      GPO FDSys XML | Text
      Final rule; correction.
      Effective July 17, 2014.
      49 CFR Part 821
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