On Tue, 28 Dec 2004 20:34:46 -0500, Bert Craig wrote:

The penalty can be challenged in several ways. The subject can
request Reconsideration on the Bureau level (several steps above the
issuing officer) and further up, a Review by the full Commission.

Sounds good, but is it expensive?

These are all written petitions, and it depends on whether one wants
to hire an attorney to do it or can do it themselves. Most good
regulatory attorneys charge upwards from $200 per hour - in most
cases it's a worthwhile investment whether the individual has a
winning case or not.

Or the subject can just refuse to pay. Then, the next move is up to
the Commission to force payment in either of two ways - a full
evidentiary hearing before an Administrative Law Judge or a full
trial de novo in Federal District Court. In either case, the burden
of proceeding (going to trial) and the burden of proof (proving the
violation that the subject is accused of) are upon the FCC. IOW,
the subject is innocent until proved guilty by a preponderance of
evidence before a neutral tribunal and the subject gets his/her "day
in court". Either proceeding can be appealed to the Federal
Appellate Courts where the subject will have to prove that the FCC
didn't follow the procedural rules to the letter - rarely does the
Court of Appeals reverse the FCC on substantive matters within the
FCC's competence.

Also good, but again, sounds expensive. Is there ever a point where the
accused has the right to a court appointed attorney?

No, because both monetary and asset forfeiture proceedings are civil
proceedings, not criminal. There are attornies and organizations
which represent folks pro bono, but the issue has to be one which
meets the agenda of the provider.

If one is charged with a criminal violation of the U S Code,
however, one is entitled to a public defender if one can't afford a
defense attorney.

Then again, one is always allowed to represent oneself, and thereby
demonstrate to the court that s/he is either a bozo or has a good
legal education. In my experience it's always been the former.

I really do love when the FCC nails the perp, HOWEVER, I'm just not an "ends
justifies the means" kind of guy. Let the punishment fit the crime. I can
think of very little an individual can do re. RF energy justifying a
$21,000.00 penalty...that's just MHO, of course.

"Don't do the crime if you can't do the time...." The vast majority
of high dollar forfeitures are levied where the individual has
demonstrated disregard of either the Commission's rules or the
Commission's authority. It sort of grabs the individual's attention
and can be reduced (but not enlarged) during the proceedings if
sufficient cause is shown.

--
73 de K2ASP - Phil Kane