§604.34. Chief Counsel decisions and appointment of a PO.
49 C.F.R. § 604.34
After receiving a complaint consistent with § 604.27, and conducting an investigation, the Chief Counsel may:
Issue a decision based on the pleadings filed to date;
Appoint a PO to review the matter; or
Dismiss the complaint pursuant to § 604.28.
If the Chief Counsel appoints a PO to review the matter, the Chief Counsel shall send out a hearing order that sets forth the following:
The allegations in the complaint, or notice of investigation, and the chronology and results of the investigation preliminary to the hearing conducted in accordance with subpart I of this part;
The relevant statutory, judicial, regulatory, and other authorities;
The issues to be decided;
Such rules of procedure as may be necessary to supplement the provisions of this part;
The name and address of the PO, and the assignment of authority to the PO to conduct the hearing in accordance with the procedures set forth in this part; and
The date by which the PO is directed to issue a recommended decision.
Notes, amendments, and revision history
Authority
Authority: 49 U.S.C. 5323(d); 49 CFR 1.91.
Source
Source: 73 FR 2345, Jan. 14, 2008, as amended at 90 FR 28213, July 1, 2025, unless otherwise noted.