[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: 49CFR1503.203]

[Page 255-256]
 
                        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. 1503.203  Separation of functions.

    (a) Civil penalty proceedings, including hearings, will be 
prosecuted by an agency attorney.
    (b) An agency employee engaged in the performance of investigative 
or

[[Page 256]]

prosecutorial functions in a civil penalty action must not, in that case 
or a factually related case, participate or give advice in a decision by 
the administrative law judge or by the TSA decision maker on appeal, 
except as counsel or a witness in the public proceedings.
    (c) The Chief Counsel or an attorney not covered by paragraph (b) of 
this section will advise the TSA decision maker regarding an initial 
decision or any appeal of a civil penalty action to the TSA decision 
maker.