Kambod v. Federal Aviation Administration

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAR 23 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
PAYAM KAMBOD, No. 16-71054
Petitioner, NTSB No. EA-5767
v.
MEMORANDUM*
FEDERAL AVIATION
ADMINISTRATION; NATIONAL
TRANSPORTATION SAFETY BOARD,
Respondents.
On Petition for Review of an Order of the
National Transportation Safety Board
Submitted March 8, 2017**
Before: LEAVY, W. FLETCHER, and OWENS, Circuit Judges.
Payam Kambod petitions pro se for review of the National Transportation
Safety Board’s (“NTSB”) final order revoking Kambod’s airline pilot, flight
instructor, and ground instructor certificates. We have jurisdiction under 49 U.S.C.
§§ 1153(a), 44709(f), and 46110(a). We review the NTSB’s final order under the
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
arbitrary and capricious standard. Gilbert v. NTSB, 80 F.3d 364, 368 (9th Cir.
1996). We deny the petition for review.
The NTSB’s determination that the administrative law judge (“ALJ”) did not
abuse his discretion in denying Kambod’s requests for a continuance was not
arbitrary and capricious because the ALJ had broad discretion to regulate the
conduct of the hearing. See 49 C.F.R. § 821.35(b); Adm’r v. Lackey, NTSB Order.
No. EA-5419 (2008) (“We have long held that law judges have significant
discretion in overseeing administrative hearings and admitting evidence into the
record.”).
The NTSB’s determination that the ALJ did not abuse his discretion in
denying Kambod’s request for a waiver of emergency proceedings was not
arbitrary and capricious because delaying the proceedings after the hearing had
commenced would have placed an undue burden on the Administrator, court
resources, witnesses, and the ALJ. See 49 C.F.R. § 821.52(d); Tur v. FAA, 4 F.3d
766, 770 (9th Cir. 1993) (discussing waiver of emergency proceedings).
Because Kambod failed to raise any of his other contentions before the
NTSB, those contentions are waived. See 49 U.S.C. § 46110(d); Reid v. Engen,
765 F.2d 1457, 1462 (9th Cir. 1985) (citations omitted) (declining to rule on issues
not raised before an agency tribunal).
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We reject as without merit Kambod’s contentions regarding FAA or ALJ
bias.
PETITION DENIED.
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