When appealing an NTSB decision, will you receive a new trial?

When appealing a decision made by the National Transportation Safety Board (NTSB), it is important to understand the nature of the appellate process. Unlike a trial where new evidence can often be introduced and witnesses can be called, an appeal does not involve a new trial or a re-examination of the facts in the same way.

Instead, when you appeal an NTSB decision, you are generally asking a higher court to review the record of the proceedings that already took place before the NTSB. The review is focused on whether there were legal errors made during the original proceedings, whether the decision was supported by substantial evidence, or whether the NTSB followed proper procedures. This means that the appeal is based on the documentation, briefs, and arguments submitted, rather than allowing for a complete retrial with new evidence or witnesses.

By understanding the distinction between an appellate review and a trial, it becomes clear that the NTSB process does not provide for a new trial upon appeal, but rather a scrutiny of the existing record in accordance with applicable legal standards.