Administrative Law Question

[explcdt8]

I read that if a person is found by TSA trying to bring prohibited items into the checkpoint, they can be issued civil fines by a Coast Guard administrative law judge.

How can this be? I thought SCOTUS rulled in Ex Parte Milligan that civilians were not subject to military courts, unless civilian courts are not operating. Is the coast guard an exception since it is also under DHS and exempt from Posse Comitaus (SP)

[Piggy]

That would be my guess, or they would just run the case through the US Attorneys Office.

[charlydevo]

I read that if a person is found by TSA trying to bring prohibited items into the checkpoint, they can be issued civil fines by a Coast Guard administrative law judge.

How can this be? I thought SCOTUS rulled in Ex Parte Milligan that civilians were not subject to military courts, unless civilian courts are not operating. Is the coast guard an exception since it is also under DHS and exempt from Posse Comitaus (SP)

Coast Guard Administrative Law Judges are not military judges. I don't know why the TSA is using them. I guess it might be because they don't have their own ALJ's. But, nevertheless, civilians are subject to hearing before a Coast Guard Administrative Law Judge. In fact, they really only deal with civilians. They don't rule on any cases involving Cost Guard or other military members at all.

[1depd]

Could it be that both are departments under DHS and they didn't have anybody else able to provide the law enforcement activity?

[charlydevo]

The "normal" or usual function of a Coast Guard Administrative Law Judge is to hear non-criminal cases against licensed mariners. The cases usually arise from some type of misconduct on the part of the mariner, and are held to decide if a mariner should have his/her license revoked. I guess that the TSA is using them for now because they don't have any Administrative Law Judges, and nobody is going to criminally prosecute somebody for bringing shampoo onto an airplane. TSA is a part of DHS, as is the Coast Guard. The only other ALJ's that I can think of in the DHS are the Immigration Judges. I don't think that they are capable of hearing cases that aren't deportation-related. So, it looks as if TSA will be using Coast Guard judges for now.

[ButterChunk]

As a former TSA regulatory inspector, let me just say that, in practice, things rarely go before an ALJ. More frequently, a meeting between TSA lawyers and the regulated party brings things to an acceptable resolution for all involved. In terms of passengers, garden variety prohibited items don't even rate a warning letter. The interesting cases come from the inspection of the carriers and airports.