[Code of Federal Regulations]
[Title 49, Volume 8]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR1503.202]

[Page 255]
 
                        TITLE 49--TRANSPORTATION
 
   CHAPTER XII--TRANSPORTATION SECURITY ADMINISTRATION, DEPARTMENT OF 
                            HOMELAND SECURITY
 
PART 1503_INVESTIGATIVE AND ENFORCEMENT PROCEDURES--Table of Contents
 
 Subpart G_Rules of Practice in Transportation Security Administration 
                       (TSA) Civil Penalty Actions
 
Sec. 1503.202  Definitions.

    The following definitions apply to this subpart:
    Administrative law judge means an administrative law judge appointed 
pursuant to the provisions of 5 U.S.C. 3105.
    Agency attorney means the Deputy Chief Counsel for Civil Enforcement 
or an attorney that he or she designates. An agency attorney will not 
include:
    (1) Any attorney in the Office of the Chief Counsel who advises the 
TSA decision maker regarding an initial decision or any appeal to the 
TSA decision maker; or
    (2) Any attorney who is supervised in a civil penalty action by a 
person who provides such advice to the TSA decision maker in that action 
or a factually related action.
    Attorney means a person licensed by a state, the District of 
Columbia, or a territory of the United States to practice law or appear 
before the courts of that state or territory.
    Complainant means those persons within the TSA responsible for 
investigating and bringing possible violations of statute and 
regulation.
    Complaint means a document issued by an agency attorney alleging a 
violation of 49 U.S.C. chapter 449 (except sections 44902, 44903(d), 
44907(a)-(d)(1)(A), 44907(d)(1)(C)-(f), 44908, and 44909), or a 
regulation prescribed or order issued under any of those provisions that 
has been filed with the enforcement docket after a hearing has been 
requested pursuant to Sec. 1503.16(d)(3) or Sec. 1503.16(e)(2)(ii).
    Mail includes U.S. certified mail, U.S. registered mail, or use of 
an overnight express courier service.
    Order assessing civil penalty means a document that contains a 
finding of violation of 49 U.S.C. chapter 449 (except sections 44902, 
44903(d), 44907(a)-(d)(1)(A), 44907(d)(1)(C)-(f), 44908, and 44909), or 
a regulation prescribed or order issued under any of those provisions 
and may direct payment of a civil penalty. Unless there is an appeal to 
the TSA decision maker, filed in a timely manner, an initial decision or 
order of an administrative law judge will be considered an order 
assessing civil penalty if an administrative law judge finds that an 
alleged violation occurred and determines that a civil penalty, in an 
amount found appropriate by the administrative law judge, is warranted. 
Unless a petition for review is filed with a U.S. court of appeals in a 
timely manner, a final decision and order of the Administrator will be 
considered an order assessing civil penalty if the TSA decision maker 
finds that an alleged violation occurred and a civil penalty is 
warranted.
    Party means the respondent or the complainant.
    Personal delivery includes hand-delivery or use of a contract or 
express messenger service. Personal delivery does not include the use of 
Government interoffice mail service.
    Pleading means a complaint, an answer, and any amendment of these 
documents permitted under this subpart.
    Properly addressed means a document that shows an address contained 
in agency records, a residential, business, or other address submitted 
by a person on any document provided under this subpart, or any other 
address shown by other reasonable and available means.
    Respondent means a person, corporation, or company named in a 
complaint.
    TSA decision maker means the Administrator, acting in the capacity 
of the decision maker on appeal, or any person to whom the Administrator 
has delegated the Administrator's decision-making authority in a civil 
penalty action. As used in this subpart, the TSA decision maker is the 
official authorized to issue a final decision and order of the 
Administrator in a civil penalty action.

[67 FR 51483, Aug. 8, 2002, as amended at 68 FR 49720, Aug. 19, 2003]