[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: 49CFR1503.232]

[Page 268-269]
 
                        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. 1503.232  Initial decision.

    (a) Contents. The administrative law judge must issue an initial 
decision at the conclusion of the hearing. In each oral or written 
decision, the administrative law judge must include findings of fact and 
conclusions of law, and the grounds supporting those findings and 
conclusions, upon all material issues of fact, the credibility of 
witnesses, the applicable law, any exercise of the administrative law 
judge's discretion, the amount of any civil penalty found appropriate by 
the administrative law judge, and a discussion of the basis for any 
order issued in the proceedings. The administrative law judge is not 
required to provide a written explanation for rulings on objections, 
procedural motions, and other matters not directly relevant to the 
substance of the initial decision. If the administrative law judge 
refers to any previous unreported or unpublished initial decision, the 
administrative law judge must make copies of that initial decision 
available to all parties and the TSA decision maker.
    (b) Oral decision. Except as provided in paragraph (c) of this 
section, at the conclusion of the hearing, the administrative law judge 
must issue the initial decision and order orally on the record.

[[Page 269]]

    (c) Written decision. The administrative law judge may issue a 
written initial decision not later than 30 days after the conclusion of 
the hearing or submission of the last post-hearing brief if the 
administrative law judge finds that issuing a written initial decision 
is reasonable. The administrative law judge must serve a copy of any 
written initial decision on each party.
    (d) Order assessing civil penalty. Unless appealed pursuant to Sec. 
1503.233, the initial decision issued by the administrative law judge 
will be considered an order assessing civil penalty if the 
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.