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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 6 - Domestic Security |
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Chapter I - Department of Homeland Security, Office of the Secretary |
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Part 126 - Transportation Security Oversight Board Review Panel Process and Procedures |
§ 126.23 - Briefs.
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§ 126.23 Briefs.
(a) Appellant brief.
(1) A party appealing the ALJ's decision must perfect the appeal by filing an appellant brief with the TSOB Docket Clerk and serving that brief on all other parties in accordance with § 126.13(b) within 60 calendar days after the date on which TSA files the record in accordance with § 126.19(a), unless all parties consent to an extension of the filing deadline and provide notice of such agreement to the TSOB Docket Clerk or the TSOB Review Panel extends the filing deadline upon a motion by the appellant.
(2) The appellant brief must enumerate the appellant's objections to the ALJ's decision.
(b) Appellee brief. Within 30 calendar days after being served with an appellant brief, a party may file an appellee brief in response with the TSOB Docket Clerk. Any such brief must be served on all other parties in accordance with § 126.13(b) at the same time it is filed with the TSOB Docket Clerk. The parties may consent to an extension of the filing deadline and provide notice of such agreement to the TSOB Docket Clerk or the TSOB Review Panel may extend the deadline for filing an appellee brief upon a motion by the appellee.
(c) Brief requirements. A brief submitted to a TSOB Review Panel must adhere to the following specifications:
(1) The brief must be typewritten in Times New Roman, 12-point font, double-spaced, and, if submitted as a hard copy via certified U.S. mail, must be printed single-sided on 818 1/2-by-11 inch paper;
(2) The brief must set forth the name, address, email address, and telephone number of the party or attorney filing it;
(3) The brief must contain no more than 35 pages of text (excepting any tables, appendices, or cover sheets) unless prior permission to file excess pages has been granted by the TSOB Review Panel after consideration of a duly filed motion showing good cause as determined by the TSOB Review Panel;
(4) If submitted as a hard copy via certified U.S. mail, the brief must be bound in any manner that is secure, does not obscure the text, and permits easy reproduction; and
(5) If oral argument is desired, the brief should contain a request for oral argument that explains why oral argument will contribute substantially to the development of an issue on appeal.