DOT 49 CFR PART 1130-2010 INFORMAL COMPLAINTS.pdf

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1、152 49 CFR Ch. X (10110 Edition) Pt. 1130 PART 1130INFORMAL COMPLAINTS Sec. 1130.1 When no damages sought. 1130.2 When damages sought. AUTHORITY: 49 U.S.C. 721, 13301(f), 14709. 1130.1 When no damages sought. (a) Form and content; copies. Informal complaint may be by letter or other writing and will

2、 be serially numbered as filed. The complaint must contain the essential elements of a formal com-plaint as specified at 49 CFR 1111.1(a) and may embrace supporting papers. The original and one copy must be filed with the Board. (b) Correspondence handling. When an informal complaint appears suscept

3、ible of informal adjustment, the Board will send a copy or statement of the com-plaint to each subject of the complaint in an attempt to have it satisfied by correspondence, thereby avoiding the filing of a formal complaint. (c) Discontinuance of informal pro-ceeding. The filing of an informal com-p

4、laint does not preclude complainant from filing a formal complaint. If a for-mal complaint is filed, the informal proceeding will be discontinued. 47 FR 49570, Nov. 1, 1982, as amended at 48 FR 44827, Sept. 30, 1983; 69 FR 12806, Mar. 18, 2004 1130.2 When damages sought. (a) Actual filing required.

5、Notification to the Board that an informal com-plaint may or will be filed later seek-ing damages is not a filing within the meaning of the statute. (b) Content. An informal complaint seeking damages must be filed within the statutory period, and should iden-tify with reasonable definiteness the inv

6、olved shipments or transportation services. The complaint should include: (1) A statement that complainant seeks to recover damages; (2) The names of each individual seeking damages; (3) The names and addresses of de-fendants against which claim is made; (4) The commodities, the rate ap-plied, the d

7、ate on which the charges were paid, the names of the parties paying the charges, and, if different, the names of the parties bearing the charges; (5) The period of time within which or the specific dates upon which the shipments were made, and the dates when they were delivered or tendered for deliv

8、ery; (6) The specific origin and destina-tion points or, where they are numer-ous, the territorial or rate group of the origin and destination points and, if known, the routes of movement; and (7) The nature and amount of the in-jury sustained by each claimant. (c) Statement of prior claim. A com-pl

9、aint filed under paragraph (b) of this section containing a claim which has been the subject of a previous informal or formal complaint must specifically refer to the previous complaint. (d) Copies. The original of an informal complaint seeking damages must be accompanied by a sufficient number of c

10、opies to enable the Board to send one to each defendant named. (e) Reserved (f) Notification to the parties; six months rule. If an informal complaint seeking damages (other than a con-tested tariff reconciliation petition) cannot be disposed of informally or is denied or withdrawn by complainant, t

11、he parties affected will be so notified in writing by the Board. Contested tar-iff reconciliation petitions either will be granted or denied by the entry of a decision. Unless within six months after the date on which a notice is mailed or a decision is served, a party either files a formal complain

12、t or re-submits its informal complaint on an additional-fact basis, the matter in the complaint or petition will not be re-considered. The claim will be consid-ered abandoned and no complaint seek-ing damages on the same cause of ac-tion will be accepted unless filed with-in the statutory period. An

13、y filing or resubmission satisfying the six months requirement will be considered filed as of the date of the original filing and must specifically refer to that date and to the Boards file number. An original and 10 copies of a petition for reconsideration should be filed. (g) Tariff reconciliation

14、 proceedings for motor common carriers(1) Petitions to waive collection or permit payment. Sub-ject to Board review and approval, VerDate Mar2010 15:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm 00162 Fmt 8010 Sfmt 8010 Y:SGML220219.XXX 220219jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for Resale

15、No reproduction or networking permitted without license from IHS-,-,-153 Surface Transportation Board, DOT 1132.1 motor common carriers (other than household goods carriers) and shippers may resolve, by mutual consent, over-charge and undercharge claims under the provisions of 49 U.S.C. 14709. Peti-

16、tions for appropriate authority may be filed by either the carrier, shipper or consignee on the Boards tariff rec-onciliation docket by submitting a let-ter of intent to depart from the filed rate. The petitions will be deemed the equivalent of an informal complaint and answer admitting the matters

17、stat-ed in the petition. Petitions shall be sent to the Office of Compliance and Enforcement, Surface Transportation Board, Washington, DC 20423. The peti-tions shall contain, at a minimum, the following information: (i) The name(s) and address(es) of the payer(s) of the freight charges; (ii) The na

18、me(s) of the carrier(s) in-volved in the traffic; (iii) An estimate of the amount(s) in-volved; (iv) The time period when the ship-ment(s) involved were delivered or ten-dered for delivery; (v) A general description of the point(s) of origin and destination of the shipment(s); (vi) A general descrip

19、tion of the com-modity(ies) transported; (vii) A statement certifying that the carrier(s) and shipper(s) participating in the shipment(s) or the payer(s) of the freight charges concur(s) with the intent to depart from the filed rate; and (viii) A brief explanation of the in-correct tariff provision(

20、s) or billing error(s) causing the request to depart from the filed rate. (2) Public notice and protest. Tariff reconciliation petitions (letters of in-tent) shall be served on all parties named in the petition by the party that files the petition and will be made available by the Board for public i

21、n-spection in the Office of Compliance and Enforcement Public File, Surface Transportation Board, Washington, DC 20423. Any interested person may pro-test the granting of a petition by filing a letter of objection with the Office of Compliance and Enforcement within 30 days of Board receipt of the p

22、etition. Letters of objection shall identify the tariff reconciliation proceeding, shall clearly state the reasons for the objec-tion, and shall certify that a copy of the letter of objection has been served on all parties named in the petition. The Board may initiate an investiga-tion of the petiti

23、on on its own motion. (3) Uncontested petitions. If a petition is not contested, and if the Board does not initiate an investigation of the pe-tition on its own motion, approval is deemed granted without further action by the Board, effective 45 days after Board receipt of the petition. (4) Conteste

24、d petitions. If a petition is contested or the Board initiates an in-vestigation of the petition on its own motion, 15 days will be allowed for reply. The 15-day period will commence on the date of service of the objections or, if the Board initiates an investiga-tion on its own motion, on the date

25、of service of the decision initiating the investigation. After the period for reply has expired, the Board will issue a decision approving or disapproving the petition, or requesting further sub-missions from the parties, and then will issue a decision based on the fur-ther submissions. 47 FR 49570,

26、 Nov. 1, 1982, as amended at 50 FR 15901, Apr. 23, 1985; 51 FR 5713, Feb. 18, 1986; 52 FR 26479, July 15, 1987; 53 FR 19301, May 27, 1988; 60 FR 2544, Jan. 10, 1995; 62 FR 50884, Sept. 29, 1997 PART 1132PROTESTS REQUESTING SUSPENSION AND INVESTIGA-TION OF COLLECTIVE RATE-MAKING ACTIONS Sec. 1132.1 P

27、rotest against collective rate-making actions. 1132.2 Procedures in certain suspension matters. AUTHORITY: 49 U.S.C. 721, 13301(f), and 13703. SOURCE: 62 FR 50885, Sept. 29, 1997, unless otherwise noted. 1132.1 Protest against collective rate-making actions. (a) Content. The protested collective rat

28、emaking action sought to be sus-pended, whether or not contained in a tariff filed with the Board, should be identified by making reference to: The name of the publishing carrier or col-lective ratemaking organization; the VerDate Mar2010 15:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm 00163 Fmt 8010 Sfmt 8010 Y:SGML220219.XXX 220219jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-