Rice v. National Transp. Safety Bd., No. 83-3677

CourtUnited States Courts of Appeals. United States Court of Appeals (6th Circuit)
Writing for the CourtBefore MERRITT, Circuit Judge, PHILLIPS, Senior Circuit Judge, and BERTELSMAN; MERRITT
Citation745 F.2d 1037
PartiesTracey Marie RICE, Petitioner, v. NATIONAL TRANSPORTATION SAFETY BOARD, Respondent.
Decision Date10 October 1984
Docket NumberNo. 83-3677

Page 1037

745 F.2d 1037
Tracey Marie RICE, Petitioner,
v.
NATIONAL TRANSPORTATION SAFETY BOARD, Respondent.
No. 83-3677.
United States Court of Appeals,
Sixth Circuit.
Argued Aug. 31, 1984.
Decided Oct. 10, 1984.

Michael C. Murphy, argued, Troutman, Sanders, Lockerman & Ashmore, A. Lee Parks, Jr., Meals & Parks, Atlanta, Ga., for petitioner.

Darlene M. Freeman, Chief, Enforcement Proceedings Branch, AGC-250, Regulations & Enforcement Div., F.A.A., Mardi R. Thompson, argued, AGC-250, F.A.A., Washington, D.C., for respondent.

Before MERRITT, Circuit Judge, PHILLIPS, Senior Circuit Judge, and BERTELSMAN, District Judge. *

MERRITT, Circuit Judge.

In this aircraft pilot license suspension case, petitioner, Tracey Marie Rice, a commuter airline pilot, seeks review under section 1006 of the Federal Aviation Act of 1958, 49 U.S.C. Sec. 1486, of an order of the National Transportation Safety Board affirming an order of the Administrator of the Federal Aviation Administration. The Board affirmed the FAA order that the pilot's license be suspended for sixty (60) days for operating an aircraft in a careless manner so as to endanger the life or property of others in violation of 14 C.F.R. Sec. 91.9.

The basic factual issue in the case at the administrative level was whether the pilot negligently ran her medium-size, twin engine,

Page 1038

Cessna 402, Air Miami, commuter airliner off the runway during a daytime takeoff at Marathon in the Florida Keys--striking a runway light at the side of the runway and injuring a passenger in the process--or whether she nonnegligently struck an object on the runway during a normal takeoff. The essential factual issue at the administrative level was whether the pilot negligently ran the plane off the runway. The FAA Administrator concluded that she did negligently run the plane off the runway and issued a sixty (60) day suspension order. The Administrative Law Judge for the National Transportation Safety Board, after a full trial of the case on the merits, agreed and issued a written opinion rejecting the explanation of the accident given by the pilot and accepting the explanation of the accident given by other witnesses. The full Board then reviewed the proceedings and the opinion of its Administrative Law Judge, adopted his findings of fact, affirmed his decision and upheld the pilot's sixty-day suspension.

We review the Board's decision under the Administrative Procedure Act, 5 U.S.C. Sec. 551 et seq., and 49 U.S.C. Sec. 1486 providing for review of Transportation Safety Board decisions by the Courts of Appeals.

The pilot as petitioner raises three claims of error in the adjudicative process. She claims that the Administrative Law Judge and the Board erred in not placing the burden of proof on the FAA as required by section 556(d) of Title 5 U.S.C. ("the proponent of a rule or order has the burden of proof"); she also claims that the Administrative Law Judge and the Board erred in not making findings of fact on a material issue, in violation of Sec. 557(c) of Title 5, which requires that the factfinder in in an administrative proceeding make findings on "all material issues of fact," namely, whether the...

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2 practice notes
  • Surface coal mining hearings and appeals; special rules,
    • United States
    • Federal Register March 20, 2003
    • March 20, 2003
    ...the Treasury, as proponent of suspension order, had burden of proof under 5 U.S.C. 556(d)); Rice v. National Transportation Safety Board, 745 F.2d 1037, 1039 (6th Cir. 1984) (holding that the burden of proof in a proceeding to suspend pilot's license is upon the agency, rather than upon the......
  • Planet Earth Entertainment, Inc. v. Edwards, No. C-3-99-284.
    • United States
    • United States District Courts. 6th Circuit. United States District Courts. 6th Circuit. Southern District of Ohio
    • July 16, 1999
    ...have received on review different degrees or standards of deference in the legal process." Rice v. National Transportation Safety Bd., 745 F.2d 1037, 1039 (6th Cir. 1984).6 In the present case, Ohio Revised Code Chapter 119 permitted Diamonds to obtain judicial review concerning the merits ......
1 cases
  • Planet Earth Entertainment, Inc. v. Edwards, No. C-3-99-284.
    • United States
    • United States District Courts. 6th Circuit. United States District Courts. 6th Circuit. Southern District of Ohio
    • July 16, 1999
    ...have received on review different degrees or standards of deference in the legal process." Rice v. National Transportation Safety Bd., 745 F.2d 1037, 1039 (6th Cir. 1984).6 In the present case, Ohio Revised Code Chapter 119 permitted Diamonds to obtain judicial review concerning the merits ......
1 provisions
  • Surface coal mining hearings and appeals; special rules,
    • United States
    • Federal Register March 20, 2003
    • March 20, 2003
    ...the Treasury, as proponent of suspension order, had burden of proof under 5 U.S.C. 556(d)); Rice v. National Transportation Safety Board, 745 F.2d 1037, 1039 (6th Cir. 1984) (holding that the burden of proof in a proceeding to suspend pilot's license is upon the agency, rather than upon the......

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