[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: 49CFR1503.219]

[Page 262-263]
 
                        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. 1503.219  Interlocutory appeals.

    (a) General. Unless otherwise provided in this subpart, a party may 
not appeal a ruling or decision of the administrative law judge to the 
TSA decision maker until the initial decision has been entered on the 
record. A decision or order of the TSA decision maker on the 
interlocutory appeal does not constitute a final order of the 
Administrator for the purposes of judicial appellate review under 49 
U.S.C. 46110.

[[Page 263]]

    (b) Interlocutory appeal for cause. If a party files a written 
request for an interlocutory appeal for cause with the administrative 
law judge, or orally requests an interlocutory appeal for cause, the 
proceedings are stayed until the administrative law judge issues a 
decision on the request. If the administrative law judge grants the 
request, the proceedings are stayed until the TSA decision maker issues 
a decision on the interlocutory appeal. The administrative law judge 
must grant an interlocutory appeal for cause if a party shows that delay 
of the appeal would be detrimental to the public interest or would 
result in undue prejudice to any party.
    (c) Interlocutory appeals of right. If a party notifies the 
administrative law judge of an interlocutory appeal of right, the 
proceedings are stayed until the TSA decision maker issues a decision on 
the interlocutory appeal. A party may file an interlocutory appeal, 
without the consent of the administrative law judge, before an initial 
decision has been entered in the case of:
    (1) A ruling or order by the administrative law judge barring a 
person from the proceedings.
    (2) Failure of the administrative law judge to dismiss the 
proceedings in accordance with Sec. 1503.215.
    (3) A ruling or order by the administrative law judge in violation 
of Sec. 1503.205(b).
    (4) A ruling or order by the administrative law judge regarding 
public access to a particular docket or documents.
    (d) Procedure. Not later than 10 days after the administrative law 
judge's decision forming the basis of an interlocutory appeal of right 
or not later than 10 days after the administrative law judge's decision 
granting an interlocutory appeal for cause, a party must file a notice 
of interlocutory appeal, with supporting documents, and the party must 
serve a copy of the notice and supporting documents on each party. Not 
later than 10 days after service of the appeal brief, a party must file 
a reply brief, if any, and the party must serve a copy of the reply 
brief on each party. The TSA decision maker must render a decision on 
the interlocutory appeal, on the record and as a part of the decision in 
the proceedings, within a reasonable time after receipt of the 
interlocutory appeal.
    (e) Frivolous appeals. The TSA decision maker may reject frivolous, 
repetitive, or dilatory appeals, and may issue an order precluding one 
or more parties from making further interlocutory appeals in a 
proceeding in which there have been frivolous, repetitive, or dilatory 
interlocutory appeals.