If anything, these standards are more specific than the criteria in other statutes authorizing summary administrative action that have been upheld against due process challenges.

As a reviewing court, it is not our function to reevaluate the weight of the evidence or to reexamine credibility choices made by the fact finder.

Not surprisingly, these courts have uniformly concluded that such exceptions are directed to unusual, emergency, situations.

The Administrator is not required to give notice nor afford the pilot an opportunity to be heard prior to issuing an emergency order.

NTSB must finally dispose of the appeal within sixty (60) days from the date the NTSB is notified of the emergency nature of an order.

The standard for review of such emergency determinations, however, is whether the Administrator's finding of an emergency was arbitrary and capricious, an abuse of discretion, or otherwise not in accordance with law.

However, "[i] t is not our function to reexamine credibility determinations of the Administrative Law Judge."

[CITATION] JUDICIAL REVIEW FOR THE FAA: AN ADDITIONAL SAFEGUARD FOR

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