§ 1572.143 - Waiver procedures.

(a) Scope. This section applies to an applicant who—

(1) Has a disqualifying criminal offense described in § 1572.103(a)(5) through (a)(9), and paragraph 1572.103(a)(10) if the underlying criminal offense is in paragraphs 1572.103(a)(5) through (a)(9); or

(2) Has a disqualifying criminal offense described in § 1572.103(b); or

(3) Lacks mental capacity as described in § 1572.109.

(b) Waivers. (1) An applicant initiates a waiver request by sending a written request to TSA for a waiver at any time, but not later than 30 days after the date of service of the Final Determination of Threat Assessment.

(2) In determining whether to grant a waiver, TSA will consider the following factors:

(i) The circumstances of the disqualifying act or offense;

(ii) Restitution made by the applicant;

(iii) Any Federal or State mitigation remedies;

(iv) Court records or official medical release documents indicating that the individual no longer lacks mental capacity;

(v) Other factors that indicate the applicant does not pose a security threat warranting denial of the HME.

(c) Grant or denial of waivers. The Director will send a written decision granting or denying the waiver to the applicant and a Determination of No Security Threat to the State in which the applicant applied for the HME, within 30 days after service the applicant's request for a waiver, or longer period as TSA may determine for good cause.

(d) Extension of time. TSA may grant an applicant an extension of time of the limits described in paragraph (b) and (c) of this section for good cause shown. An applicant's request for an extension of time must be in writing and be received by TSA within a reasonable time before the due date to be extended. TSA may grant itself an extension of time for good cause.