Hadley

*613 MEMORANDUM *

Willis Hadley petitions for review of the National Transportation Safety Board’s determination that he failed to file within the required period his notice of appeal from an order of the Administrative Law Judge upholding a ninety-day suspension of his private pilot certificate. He claims due process and regulatory violations. We deny the petition for review.

We must determine whether the Board’s decision was “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” 5 U.S.C. § 706 (2)(A). We generally do not consider issues not raised before the Board, unless there was a reasonable ground for not raising them. 49 U.S.C. § 1153 (b)(4). Constitutional issues that lie beyond the competence of the Board need not have been raised below to be considered. Gilbert v. Nat’l Tramp. Safety Bd., 80 F.3d 364, 366-67 (9th Cir.1996). However, “[i]f the alleged constitutional violation amounts to a mere procedural error, which the NTSB could have remedied if properly presented to the NTSB, a petitioner may not obtain judicial review by asserting the error amounted to a deprivation of due process.” Id. at 367 .

An Administrative Law Judge’s…