(a) General. This section governs each document tendered for filing with the Enforcement Docket Clerk under this part.
(b) Signature required. The attorney of record, the party, or the party's representative must sign each document tendered for filing with the Enforcement Docket Clerk, or served on the ALJ, the TSA decision maker on appeal, or each party.
(c) Effect of signing a document. By signing a document, the attorney of record, the party, or the party's representative certifies that he or she has read the document and, based on reasonable inquiry and to the best of that person's knowledge, information, and belief, the document is—
(1) Consistent with the rules in this part;
(2) Warranted by existing law or that a good faith and nonfrivolous argument exists for extension, modification, or reversal of existing law;
(3) Not unreasonable or unduly burdensome or expensive, not made to harass any person, not made to cause unnecessary delay, not made to cause needless increase in the cost of the proceedings, or for any other improper purpose; and
(4) Supported by evidence, and any denials of factual contentions are warranted on the evidence.
(d) Sanctions. On motion of a party, if the ALJ or TSA decision maker finds that any attorney of record, the party, or the party's representative has signed a document in violation of this section, the ALJ or the TSA decision maker, as appropriate, will do the following:
(1) Strike the pleading signed in violation of this section.
(2) Strike the request for discovery or the discovery response signed in violation of this section and preclude further discovery by the party.
(3) Deny the motion or request signed in violation of this section.
(4) Exclude the document signed in violation of this section from the record.
(5) Dismiss the interlocutory appeal and preclude further appeal on that issue by the party who filed the appeal until an initial decision has been entered on the record.
(6) Dismiss the appeal of the ALJ's initial decision to the TSA decision maker.
Title 49 published on 2012-10-01
no entries appear in the Federal Register after this date.
This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.