Title 49 Part 604 → Subpart H

Title 49 → Subtitle B → Chapter VI → Part 604 → Subpart H

Electronic Code of Federal Regulations e-CFR

Title 49 Part 604 → Subpart H

e-CFR data is current as of February 20, 2020

Title 49Subtitle BChapter VIPart 604 → Subpart H

Title 49: Transportation

Subpart H—Decisions by FTA and Appointment of a Presiding Official (PO)

§604.34   Chief Counsel decisions and appointment of a PO.
§604.35   Separation of functions.

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§604.34   Chief Counsel decisions and appointment of a PO.

(a) After receiving a complaint consistent with §604.27, 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.

(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;

(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.

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§604.35   Separation of functions.

(a) Proceedings under this part shall be handled by an FTA attorney, except that the Chief Counsel may appoint a PO, who may not be an FTA attorney.

(b) After issuance of an initial decision by the Chief Counsel, the FTA employee or contractor engaged in the performance of investigative or prosecutorial functions in a proceeding under this part shall not, in that case or a factually related case, participate or give advice in a final decision by the Administrator or his or her designee on written appeal, and shall not, except as counsel or as witness in the public proceedings, engage in any substantive communication regarding that case or a related case with the Administrator on written appeal.

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