[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: 49CFR1503.217]

[Page 260]
 
                        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. 1503.217  Joint procedural or discovery schedule.

    (a) General. The parties may agree to submit a schedule for filing 
all prehearing motions, a schedule for conducting discovery in the 
proceedings, or a schedule that will govern all pre-hearing motions and 
discovery in the proceedings.
    (b) Form and content of schedule. If the parties agree to a joint 
procedural or discovery schedule, one of the parties must file the joint 
schedule with the administrative law judge, setting forth the dates to 
which the parties have agreed, and must serve a copy of the joint 
schedule on each party.
    (1) The joint schedule may include, but need not be limited to, 
requests for discovery, any objections to discovery requests, responses 
to discovery requests to which there are no objections, submission of 
pre-hearing motions, responses to pre-hearing motions, exchange of 
exhibits to be introduced at the hearing, and a list of witnesses that 
may be called at the hearing.
    (2) Each party must sign the original joint schedule to be filed 
with the Enforcement Docket Clerk.
    (c) Time. The parties may agree to submit all pre-hearing motions 
and responses and may agree to close discovery in the proceedings under 
the joint schedule within a reasonable time before the date of the 
hearing, but not later than 15 days before the hearing.
    (d) Order establishing joint schedule. The administrative law judge 
must approve the joint schedule filed by the parties. One party must 
submit a draft order establishing a joint schedule to the administrative 
law judge to be signed by the administrative law judge and filed with 
the Enforcement Docket Clerk.
    (e) Disputes. The administrative law judge must resolve disputes 
regarding discovery or disputes regarding compliance with the joint 
schedule as soon as possible so that the parties may continue to comply 
with the joint schedule.
    (f) Sanctions for failure to comply with joint schedule. If a party 
fails to comply with the administrative law judge's order establishing a 
joint schedule, the administrative law judge may direct that party to 
comply with a motion or discovery request or, limited to the extent of 
the party's failure to comply with a motion or discovery request, the 
administrative law judge may:
    (1) Strike that portion of a party's pleadings;
    (2) Preclude pre-hearing or discovery motions by that party;
    (3) Preclude admission of that portion of a party's evidence at the 
hearing; or
    (4) Preclude that portion of the testimony of that party's witnesses 
at the hearing.