---
kind: "section"
citation: "49 C.F.R. § 604.34"
title: "49"
number: "604.34"
heading: "Chief Counsel decisions and appointment of a PO."
url: "https://uscodex.org/cfr/49/604.34"
---

# §604.34. Chief Counsel decisions and appointment of a PO.

- (a) After receiving a complaint consistent with [§ 604.27](/cfr/49/604.27.md), and conducting an investigation, the Chief Counsel may:
  - (1) Issue a decision based on the pleadings filed to date;
  - (2) Appoint a PO to review the matter; or
  - (3) Dismiss the complaint pursuant to [§ 604.28](/cfr/49/604.28.md).
- (b) 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:
  - (1) 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;
  - (2) The relevant statutory, judicial, regulatory, and other authorities;
  - (3) The issues to be decided;
  - (4) Such rules of procedure as may be necessary to supplement the provisions of this part;
  - (5) 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
  - (6) **The date by which the PO is directed to issue a recommended decision.**

## Notes

### 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.