Opinion
No. 16-71054
03-23-2017
PAYAM KAMBOD, Petitioner, v. FEDERAL AVIATION ADMINISTRATION; NATIONAL TRANSPORTATION SAFETY BOARD, Respondents.
NOT FOR PUBLICATION
NTSB No. EA-5767 MEMORANDUM On Petition for Review of an Order of the National Transportation Safety Board Before: LEAVY, W. FLETCHER, and OWENS, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
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 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).
We reject as without merit Kambod's contentions regarding FAA or ALJ bias.
PETITION DENIED.