[blml] Law 24

[Ed Reppert]

Law 24: "When the Director determines, during the auction, that  
because of a player's action one or more cards of that player's hand  
were in position for the face to be seen by his partner, the Director  
shall require that every such card be left face up on the table until  
the auction closes; and (penalty) if the offender subsequently  
becomes a defender, declarer may treat every such card as a penalty  
card (Law 50)."

Can anyone explain to me why declarer, rather than the TD, gets to  
decide whether such a card is a penalty card? In practice, has any TD  
ever offered this option to declarer?