[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR386.12]

[Page 1032-1033]
 
                        TITLE 49--TRANSPORTATION
 
                      DEPARTMENT OF TRANSPORTATION
 
PART 386_RULES OF PRACTICE FOR MOTOR CARRIER, BROKER, FREIGHT FORWARDER, 
AND HAZARDOUS MATERIALS PROCEEDINGS--Table of Contents
 
            Subpart B_Commencement of Proceedings, Pleadings
 
Sec. 386.12  Complaint.

    (a) Filing of a complaint. Except as otherwise provided in paragraph 
(c) of this section, any person, State board, organization, or body 
politic may file a written complaint with the Assistant

[[Page 1033]]

Administrator, requesting the issuance of a notice of investigation 
under Sec. 386.11(c). Each complaint must contain:
    (1) The name and address of the party who files it, and a statement 
specifying the authority for a party (other than a natural person) to 
file the complaint;
    (2) A statement of the interest of the party in the proceedings;
    (3) The name and address of each motor carrier against who relief is 
sought;
    (4) The reasons why the party believes that a notice of 
investigation should be issued;
    (5) A statement of any prior action which the party has taken to 
redress the violations of law alleged in the complaint and the results 
of that action; and
    (6) The relief which the party believes the Administration should 
seek.
    (b) Action on paragraph (a) complaint. Upon the filing of a 
complaint under paragraph (a) of this section, the Assistant 
Administrator shall determine whether it states reasonable grounds for 
investigation and action by the Administration. If he/she determines 
that the complaint states such grounds, the Assistant Administrator 
shall issue, or authorize the issuance of, a notice of investigation 
under Sec. 386.11(c). If he/she determines that the complaint does not 
state reasonable grounds for investigation and action by the 
Administration, the Assistant Administrator shall dismiss it.
    (c) Complaint of substantial violation. Any person may file a 
written complaint with the Assistant Administrator alleging that a 
substantial violation of any regulation issued under the Motor Carrier 
Safety Act of 1984 is occurring or has occurred within the preceding 60 
days. A substantial violation is one which could reasonably lead to, or 
has resulted in, serious personal injury or death. Each complaint must 
be signed by the complainant and must contain:
    (1) The name, address, and telephone number of the person who files 
it;
    (2) The name and address of the alleged violator and, with respect 
to each alleged violator, the specific provisions of the regulations 
that the complainant believes were violated; and
    (3) A concise but complete statement of the facts relied upon to 
substantiate each allegation, including the date of each alleged 
violation.
    (d) Action on complaint of substantial violation. Upon the filing of 
a complaint of a substantial violation under paragraph (c) of this 
section, the Assistant Administrator shall determine whether it is 
nonfrivolous and meets the requirements of paragraph (c) of this 
section. If the Assistant Administrator determines that the complaint is 
nonfrivolous and meets the requirements of paragraph (c), he/she shall 
investigate the complaint. The complainant shall be timely notified of 
findings resulting from such investigation. The Assistant Administrator 
shall not be required to conduct separate investigations of duplicative 
complaints. If the Assistant Administrator determines that the complaint 
is frivalous or does not meet the requirements of paragraph (c), he/she 
shall dismiss the complaint and notify the complainant in writing of the 
reasons for such dismissal.
    (e) Notwithstanding the provisions of section 552 of title 5, United 
States Code, the Assistant Administrator shall not disclose the identity 
of complainants unless it is determined that such disclosure is 
necessary to prosecute a violation. If disclosure becomes necessary, the 
Assistant Administrator shall take every practical means within the 
Assistant Administrator's authority to assure that the complainant is 
not subject to harassment, intimidation, disciplinary action, 
discrimination, or financial loss as a result of such disclosure.