In a petition for review of the National Transportation Safety Board's (Board) order upholding the Federal Aviation Administration's (FAA) emergency revocation of petitioner's airman and medical certificates, the petition is granted where: 1) the Board departed from its precedent when it reversed the ALJ's decision without addressing the ALJ's credibility determination in petitioner's favor; and 2) the Board diverged from its precedent by refusing, without adequate explanation, to accept petitioner's testimony that he subjectively thought a questionnaire did not require him to report his felony bribery conviction.
Argued October 6, 2009
Decided December 8, 2009
Opinion by Judge Brown
Weldon E. Patterson, Washington, DC
Agnes M. Rodriguez, Senior Attorney, Federal Aviation Administration, Washington, DC