Unpublished Disposition, 869 F.2d 1496 (9th Cir. 1989)

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US Court of Appeals for the Ninth Circuit - 869 F.2d 1496 (9th Cir. 1989)


No. 88-7156.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted Feb. 9, 1989.Decided March 1, 1989.

Before WALLACE, FARRIS, and BEEZER, Circuit Judges.


We have jurisdiction pursuant to 49 U.S.C. §§ 1486 and 1903(d), and we affirm. We have carefully reviewed the National Transportation Safety Board's affirmance of an administrative law judge's temporary suspension of George E. Blaisdell's commercial pilot certificate. The record supports the Board's rulings. We understand Blaisdell's complaints about the quality of the ALJ's hearing. In determining if Blaisdell received a fair and impartial hearing, we must consider whether the ALJ abused his discretion. Walker v. Rothschild International Stevedoring Co., 526 F.2d 1137, 1140 (9th Cir. 1975). The transcript of that hearing demonstrates that Blaisdell was denied the courteous and adjudicatory climate that one usually associates with judicial proceedings. But we cannot find, upon the record, that Blaisdell was denied the opportunity to cross-examine witnesses or that the ALJ improperly admitted or excluded evidence or misconstrued the burden of proof. Our independent review satisfies us that the Board correctly concluded that the "rude and abusive" conduct of the administrative law judge did not rise to prejudicial misconduct. See United States v. Grinnell Corp., 384 U.S. 563, 582-83 (1966). The Board's finding that Blaisdell violated federal aviation regulations is supported by substantial evidence. See Meik v. NTSB, 710 F.2d 584, 586 (9th Cir. 1983).



This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Circuit Rule 36-3