[Code of Federal Regulations]
[Title 49, Volume 6]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR604.15]

[Page 17]
 
                        TITLE 49--TRANSPORTATION
 
                             TRANSPORTATION
 
PART 604--CHARTER SERVICE--Table of Contents
 
                      Subpart B--Complaint Process
 
Sec. 604.15  Filing a complaint.


    (a) An interested party (``complainant'') who believes that a 
recipient is in violation of the requirements of this part may submit a 
written complaint to the FTA Regional Administrator. The complainant 
shall also send a copy of the complaint to the recipient 
(``respondent'').
    (b) If the Regional Administrator determines that the complaint is 
not without obvious merit and that it states grounds on which relief may 
be granted, the Regional Administrator shall advise the complainant and 
respondent to attempt to conciliate the dispute. The period for informal 
conciliation shall last for up to 30 days from the date of receipt of 
the Regional Administrator's order unless an extension is mutually 
agreed upon by the parties.
    (c) If the parties are unable to conciliate the dispute, either 
party may so notify the Regional Administrator in writing. The Regional 
Administrator shall send a copy of the complaint to the respondent and 
provide it with 30 days from the receipt of the notice to provide 
written evidence to show that no violation has occurred. The respondent 
shall provide a copy of this information to the complainant.
    (d) After the Regional Administrator receives that respondent's 
evidence, the Regional Administrator shall inform the complainant that 
it has 30 days from the receipt of the notice to rebut the respondent's 
evidence. The complainant shall provide a copy of its rebuttal to the 
respondent.
    (e) The Regional Administrator shall review the evidence submitted 
and prepare a written decision. The Regional Administrator shall attempt 
to transmit the written decision to the parties within 30 days of 
receiving all of the evidence.
    (f) If the Regional Administrator determines that further 
investigation is necessary, including the submission of additional 
information or the holding of an informal evidentiary hearing, the 
Regional Administrator shall so inform the parties in writing.
    (g) Either party may request an informal evidentiary hearing prior 
to the transmission of the Regional Administrator's decision. The 
Regional Administrator may grant or deny the request.
    (h) If an informal evidentiary hearing is held, the date and 
location shall be arranged by the Regional Administrator in consultation 
with the parties. Any new evidence introduced by the parties at the 
informal evidentiary hearing shall be submitted to the Regional 
Administrator within 10 days after the hearing.
    (i) The Regional Administrator may extend the deadlines imposed in 
this part for administrative convenience by notifying all parties in 
writing of the extensions.

[52 FR 11933, Apr. 13, 1987, as amended at 58 FR 52685, Oct. 12, 1993]