[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: 49CFR1503.234]

[Page 271]
 
                        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. 1503.234  Petition to reconsider or modify a final decision and order 
of the TSA decision maker on appeal.

    (a) General. Any party may petition the TSA decision maker to 
reconsider or modify a final decision and order issued by the TSA 
decision maker on appeal from an initial decision. A party must file a 
petition to reconsider or modify not later than 30 days after service of 
the TSA decision maker's final decision and order on appeal and must 
serve a copy of the petition on each party. The TSA decision maker will 
not reconsider or modify an initial decision and order issued by an 
administrative law judge that has not been appealed by any party to the 
TSA decision maker and filed with the Enforcement Docket Clerk.
    (b) Form and number of copies. A party must file a petition to 
reconsider or modify, in writing. The party must file the original 
petition with the Enforcement Docket Clerk and must serve a copy of the 
petition on each party.
    (c) Contents. A party must state briefly and specifically the 
alleged errors in the final decision and order on appeal, the relief 
sought by the party, and the grounds that support, the petition to 
reconsider or modify.
    (1) If the petition is based, in whole or in part, on allegations 
regarding the consequences of the TSA decision maker's decision, the 
party must describe these allegations and must describe, and support, 
the basis for the allegations.
    (2) If the petition is based, in whole or in part, on new material 
not previously raised in the proceedings, the party must set forth the 
new material and include affidavits of prospective witnesses and 
authenticated documents that would be introduced in support of the new 
material. The party must explain, in detail, why the new material was 
not discovered through due diligence prior to the hearing.
    (d) Repetitious and frivolous petitions. The TSA decision maker will 
not consider repetitious or frivolous petitions. The TSA decision maker 
may summarily dismiss repetitious or frivolous petitions to reconsider 
or modify.
    (e) Reply petitions. Any other party may reply to a petition to 
reconsider or modify, not later than 10 days after service of the 
petition on that party, by filing a reply with the Enforcement Docket 
Clerk. A party must serve a copy of the reply on each party.
    (f) Effect of filing petition. Unless otherwise ordered by the TSA 
decision maker, filing of a petition pursuant to this section will stay 
the effective date of the TSA decision maker's final decision and order 
on appeal.
    (g) The TSA decision maker's decision on petition. The TSA decision 
maker has sole discretion to grant or deny a petition to reconsider or 
modify. The TSA decision maker will grant or deny a petition to 
reconsider or modify within a reasonable time after receipt of the 
petition or receipt of the reply petition, if any. The TSA decision 
maker may affirm, modify, or reverse the final decision and order on 
appeal, or may remand the case for any proceedings that the TSA decision 
maker determines may be necessary.