49 CFR 826.38 : Transportation (§ 1.1 To Parts 1581-1699) — (§ 572.1 To Parts 851-999) — Other Regulations Relating To Transportation (Continued) (§ 572.1 To Parts 851-999) — National Transportation Safety Board (§ 800.1 To Parts 851-999) — Rules Implementing The Equal Access To Justice Act Of 1980 (§ 826.1 To § 826.40) — Procedures For Considering Applications (§ 826.31 To § 826.40) — Board review.

Either the applicant or agency counsel may seek review of the initial decision on the fee application, or the Board may decide to review the decision on its own initiative, in accordance with subpart H of part 821 for FAA safety enforcement matters appealed under section 609 of the Federal Aviation Act. If neither the applicant nor agency counsel seeks review and the Board does not take review on its own initiative, the initial decision on the application shall become a final decision of the Board 30 days after it is issued. Whether to review a decision is a matter within the discretion of the Board. If review is taken, the Board will issue a final decision on the application or remand the application to the administrative law judge who issued the initial fee award determination for further proceedings.