49 C.F.R. § 1503.203   Separation of functions.


Title 49 - Transportation


Title 49: Transportation
PART 1503—INVESTIGATIVE AND ENFORCEMENT PROCEDURES
Subpart G—Rules of Practice in Transportation Security Administration (TSA) Civil Penalty Actions

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§ 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 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.

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