Hazardous Materials Endorsement Defense Attorney
Hazardous Materials Endorsement Defense Lawyer
The United States Transportation Security Administration (TSA) regulates Hazardous Materials Endorsements. Many seaport workers and transportation workers require a Hazmat Endorsement. TSA conducts investigations into HME holders and applicants and administers disciplinary proceedings. TSA HME Denials and Revocations are governed by Federal Administrative Law. The Federal Administrative Law disciplinary process is complex, procedural and time consuming. American workers facing Hazmat Endorsement Denial and Revocation proceedings in the United States should seek legal representation from a Hazardous Materials Endorsement Defense Lawyer.
Hazmat Endorsement Revocation Appeal and Waiver Lawyer
The majority of HME Denials and Revocations occur due to criminal convictions. Other HME Denials and Revocations occur due to misconduct investigations. TSA utilizes non sworn civilian investigators to conduct non criminal investigations and sworn investigations to conduct criminal investigations. Administrative Law Due Process Rights differ substantially from the Due Process Rights accorded in criminal law. An individual denied a Hazardous Materials Endorsement or facing a HME Revocation must determine whether to file an Appeal or a Waiver.
TSA maintains two categories of criminal offenses; Permanent Disqualifying Offenses and Interim Disqualifying Offenses. Permanent Disqualifying Offenses are not subject to Appeal or Waiver. A HME Appeal can generally be filed when more than seven years have elapsed since the Interim Disqualifying Offense. A Hazardous Materials Endorsement Appeal can also be filed if a criminal conviction does meet the criteria for TSA Hazmat Endorsement Denial or Revocation. A HME Waiver can generally be filed for Interim Disqualifying Offenses that do not quality for an Appeal.
It is important to have an attorney that understands the Hazmat Endorsement Denial process and Hazmat Endorsement Revocation process. If the TSA denies the Hazardous Materials Endorsement Appeal or Waiver, the applicant or HME holder can request a Hearing. If you were denied a Hazmat Endorsement or received a Hazmat Endorsement Revocation, contact a HME Appeal and Waiver Attorney for representation.
HME Denial and Revocation Hearing Defense Attorney
The Administrative Law Hearing is a formal Hearing before an Administrative Law Judge. Hearings may be held in person or remotely throughout the United States. The Administrative Law Judge, or ALJ, will issue a Proposed Decision after the Hearing. The Transportation Security Administration and the Respondent generally both have the ability to file responses to the Proposed Decision. TSA often can adopt, modify or reject the ALJ’s Proposed Decision. TSA will then issue a Final Decision and Order. An Appeal of the Final Decision and Order may be directed to the Federal Circuit Court of Appeals. Hazmat Endorsement holders facing a Hazmat Endorsement Revocation Hearing need representation from a HME Denial and Revocation Hearing Defense Lawyer.
Hazardous Materials Endorsement Denial and Criminal Convictions
The Transportation Security Administration will often initiate a disciplinary action against a Hazmat Endorsement holder for a criminal conviction. Similarly, TSA will often deny a HME to a Hazmat Endorsement applicant with a criminal conviction. TSA maintains two categories of criminal offenses; Permanent Disqualifying Offenses and Interim Disqualifying Offenses. Permanent Disqualifying Offenses can never be the subject of an Appeal or Waiver. Interim Disqualifying Offenses are subject to an Appeal or Waiver. Common criminal offenses that can cause HME Denial or Hazmat Endorsement Revocation are:
Hazardous Materials Endorsement holders facing criminal charges and Hazmat Endorsement applicants who have been convicted of criminal offenses need a Hazmat Endorsement Defense Attorney for representation in a Hazmat Endorsement Denial or Revocation matter.
Hazmat Endorsement Denial Appeal and Waiver Attorney
TSA thoroughly investigates all applicants for Hazardous Materials Endorsements. The Transportation Security Administration may deny a Hazmat Endorsement to Americans and individuals from other countries. Most Hazardous Materials Endorsement denials occur due to criminal convictions. Denial Hearings and Revocation Hearings before TSA Administrative Law Courts involve a similar procedure. However, in a Hazmat Endorsement Denial Hearing, the applicant bears the burden of proof. Individuals denied a TSA HME should contact a Hazardous Materials Endorsement Denial Lawyer for representation in a Hazmat Endorsement Denial Appeal and Waiver.
HME Appeal and Waiver Lawyer
The Federal Administrative Law process for Hazmat Endorsement Appeals and Waivers is standard throughout the United States. Hazmat Endorsement holders and Hazmat Endorsement applicants should seek assistance from a Hazmat Endorsement Defense Attorney. The firm represents Hazmat Endorsement applicants and Hazmat Endorsement holders from the following locations:
- Los Angeles
- Orange County
- San Bernardino
- San Diego
- San Francisco
- San Jose