What can you expect after filing an appeal against an FAA suspension order?

• A. A new trial with a jury
• B. An opportunity to present new evidence
• C. No new hearing, but a review of the case
• D. A guaranteed win if you file the appeal

Answer: (C)

After filing an appeal against an FAA suspension order, the process typically involves a review of the case rather than a new trial or hearing. The FAA Administrative Law Judges do not conduct a jury trial, and there is no provision for new evidence to be presented at this stage. Instead, the appeal focuses on whether the original decision was consistent with the law and supported by substantial evidence in the record. The appeal board will review the administrative record, which includes the evidence and findings from the initial hearing, and make a determination based on that information. Thus, the expectation is a review of the case rather than a re-trial or a chance to introduce new material.

This understanding of the appeals process within aviation law highlights the procedural nature of administrative appeals and emphasizes the importance of the initial hearing where evidence and arguments are presented.