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49 U.S.C. § 46102 — Proceedings

submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 291 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of Transportation, TSA Administrator, and FAA Administrator can run their hearings and proceedings in a way that serves justice and gets business done efficiently. People can appear in person or through a lawyer, official actions get recorded, and proceedings are open to the public on request unless national defense requires secrecy. Officials or employees with a financial stake in a proceeding cannot take part in it.

(a) Conducting proceedings. Following the relevant part of federal administrative law, the Secretary of Transportation (or the TSA Administrator for security matters, or the FAA Administrator for safety matters) may run proceedings in whatever way best serves justice and efficient handling of business.

(b) Appearance. A person may appear and be heard in person or through a lawyer. The Secretary may also appear and take part as an interested party in an FAA proceeding under section 40113(a).

(c) Recording and public access. Official actions taken under this part must be recorded. Proceedings must be open to the public if an interested party asks, unless the relevant official decides secrecy is needed for national defense.

(d) Conflicts of interest. The Secretary, the TSA Administrator, the FAA Administrator, or an FAA officer or employee may not take part in a proceeding they have a financial interest in.

the actual law source: uscode.house.gov ↗public domain
(a)Conducting Proceedings.—

Subject to subchapter II of chapter 5 of title 5, the Secretary of Transportation (or the Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator of the Federal Aviation Administration) may conduct proceedings in a way conducive to justice and the proper dispatch of business.

(b)Appearance.—

A person may appear and be heard before the Secretary, the Administrator of the Transportation Security Administration, and the Administrator of the Federal Aviation Administration in person or by an attorney. The Secretary may appear and participate as an interested party in a proceeding the Administrator of the Federal Aviation Administration conducts under section 40113(a) of this title.

(c)Recording and Public Access.—

Official action taken by the Secretary, Administrator of the Transportation Security Administration, and Administrator of the Federal Aviation Administration under this part shall be recorded. Proceedings before the Secretary, Administrator of the Transportation Security Administration, and Administrator of the Federal Aviation Administration shall be open to the public on the request of an interested party unless the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration decides that secrecy is required because of national defense.

(d)Conflicts of Interest.—

The Secretary, the Administrator of the Transportation Security Administration, the Administrator of the Federal Aviation Administration, or an officer or employee of the Federal Aviation Administration may not participate in a proceeding referred to in subsection (a) of this section in which the individual has a pecuniary interest.

Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1226; Pub. L. 107–71, title I, § 140(b)(1), (2), (4)–(6), Nov. 19, 2001, 115 Stat. 641; Pub. L. 115–254, div. K, title I, § 1991(f)(1)–(5), Oct. 5, 2018, 132 Stat. 3642.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-272 · 108 Stat. 1226
  • 2001Amended · Pub. L. 107-71 · 115 Stat. 641
  • 2018Amended · Pub. L. 115-254 · 132 Stat. 3642

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.

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