[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR386.12]



[Page 253-254]

 

                        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 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.



    Effective Date Note: At 70 FR 28481, May 18, 2005, Sec. 386.12 was 

amended by removing



[[Page 254]]



paragraphs (a) and (b), redesignating paragraphs (c) through (e) as (a) 

through (c) and by revising the new paragraph (b), effective November 

14, 2005. For the convenience of the user, the revised text is set forth 

as follows:



Sec. 386.12  Complaint.



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    (b) Action on complaint of substantial violation. Upon the filing of 

a complaint of a substantial violation under paragraph (a) of this 

section, the Assistant Administrator shall determine whether it is 

nonfrivolous and meets the requirements of paragraph (a) of this 

section. If the Assistant Administrator determines the complaint is 

nonfrivolous and meets the requirements of paragraph (a), 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 the complaint is 

frivolous or does not meet the requirements of the paragraph (a), he/she 

shall dismiss the complaint and notify the complainant in writing of the 

reasons for such dismissal.



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