49 C.F.R. Subpart B—Complaint Process
Title 49 - Transportation
(a) An interested party (“complainant”) who believes that a recipient is in violation of the requirements of this part may submit a written complaint to the FTA Regional Administrator. The complainant shall also send a copy of the complaint to the recipient (“respondent”). (b) If the Regional Administrator determines that the complaint is not without obvious merit and that it states grounds on which relief may be granted, the Regional Administrator shall advise the complainant and respondent to attempt to conciliate the dispute. The period for informal conciliation shall last for up to 30 days from the date of receipt of the Regional Administrator's order unless an extension is mutually agreed upon by the parties. (c) If the parties are unable to conciliate the dispute, either party may so notify the Regional Administrator in writing. The Regional Administrator shall send a copy of the complaint to the respondent and provide it with 30 days from the receipt of the notice to provide written evidence to show that no violation has occurred. The respondent shall provide a copy of this information to the complainant. (d) After the Regional Administrator receives that respondent's evidence, the Regional Administrator shall inform the complainant that it has 30 days from the receipt of the notice to rebut the respondent's evidence. The complainant shall provide a copy of its rebuttal to the respondent. (e) The Regional Administrator shall review the evidence submitted and prepare a written decision. The Regional Administrator shall attempt to transmit the written decision to the parties within 30 days of receiving all of the evidence. (f) If the Regional Administrator determines that further investigation is necessary, including the submission of additional information or the holding of an informal evidentiary hearing, the Regional Administrator shall so inform the parties in writing. (g) Either party may request an informal evidentiary hearing prior to the transmission of the Regional Administrator's decision. The Regional Administrator may grant or deny the request. (h) If an informal evidentiary hearing is held, the date and location shall be arranged by the Regional Administrator in consultation with the parties. Any new evidence introduced by the parties at the informal evidentiary hearing shall be submitted to the Regional Administrator within 10 days after the hearing. (i) The Regional Administrator may extend the deadlines imposed in this part for administrative convenience by notifying all parties in writing of the extensions. [52 FR 11933, Apr. 13, 1987, as amended at 58 FR 52685, Oct. 12, 1993] (a) If the Regional Administrator determines that a violation of this part has occurred, the Regional Administrator may order such remedies as the Regional Administrator determines are appropriate. (b) If the Regional Administrator determines that there has been a continuing pattern of violation of this part, the Regional Administrator may bar the respondent from the receipt of further financial assistance for mass transportation facilities and equipment. [52 FR 11933, Apr. 13, 1987, as amended at 58 FR 52685, Oct. 12, 1993] (a) The losing party may appeal the Regional Administrator's decision to the Administrator within 10 days of receipt of the decision. The losing party (”appellant”) shall include in its appeal the basis for the appeal and evidence to support the position. The appellant shall send a copy of the appeal to the prevailing party (”appellee”). (b) The Administrator will only take action on an appeal if the appellant presents evidence that there are new matters of fact or points of law that were not available or not known during the investigation of the complaint. (c) If the Administrator takes action on an appeal, the Administrator shall provide the appellee with 10 days from the receipt of the notice to respond to the evidence contained in the appeal. (d) The Administrator shall send a copy of the appellee's response to the appellant and provide it with 10 days from the receipt of the notice to rebut the appellee's response. (e) The Administrator shall endeavor to make a final determination on the appeal within 10 days of the receipt of the appellant's rebuttal. [52 FR 11933, Apr. 13, 1987, as amended at 58 FR 52685, Oct. 12, 1993] The Regional Administrator's decision, or the Administrator's decision on appeal, shall be final and conclusive on all parties, but it is subject to judicial review pursuant to sections 701–706 of Title 5 of the United States Code. [52 FR 11933, Apr. 13, 1987, as amended at 58 FR 52685, Oct. 12, 1993] The following is a list of Federal assistance programs administered under the United States Department of Health and Human Services (HHS). The financial assistance under each of these HHS programs includes funding for the transportation needs of the program beneficiaries. [53 FR 53355, Dec. 30, 1988]
Title 49: Transportation
PART 604—CHARTER SERVICE
Subpart B—Complaint Process
§ 604.15 Filing a complaint.
§ 604.17 Remedies.
§ 604.19 Appeals.
§ 604.21 Judicial review.
Appendix A to Part 604
------------------------------------------------------------------------ Program title Agency------------------------------------------------------------------------Project Grant and Cooperative Agreements Public Health Service, HHS. for Tuberculosis Control Programs.Mental Health Service for Cuban Entrants.. Public Health Service, HHS.Mental Health Planning and Demonstration Public Health Service, HHS. Projects.Alcohol, Drug Abuse Treatment and Public Health Service, HHS. Rehabilitation Block Grant.Family Planning-Services.................. Public Health Service, HHS.Community Health Centers.................. Public Health Service, HHS.Indian Health Services_Health Management Public Health Service, HHS. Development Program.Migrant Health Centers Grants............. Public Health Service, HHS.Childhood Immunization Grants............. Public Health Service, HHS.Administration for Children, Youth and Office of Human Development Families (ACYF)_Head Start. Services, HHS.ACYF Child Welfare Research and Office of Human Development Demonstration Program. Services, HHS.ACYF Runaway and Homeless Youth........... Office of Human Development Services, HHS.ACYF Adoption Opportunities............... Office of Human Development Services, HHS.ACYF Child Abuse and Neglect (State Office of Human Development Grants). Services, HHS.ACYF Child Abuse and Neglect Discretionary Office of Human Development Services, HHS.Administration for Native Americans (ANA) Office of Human Development Native American Programs_Financial Services, HHS. Assistance Grants.ANA Research, Demonstration and Evaluation Office of Human Development Services, HHS.ANA Training and Technical Assistance..... Office of Human Development Services, HHS.Administration of Developmental Office of Human Development Disabilities (ADD)_Basic Support and Services, HHS. Advocacy Grants.ADD Special Projects...................... Office of Human Development Services, HHS.ADD University Affiliated Facilities...... Office of Human Development Services, HHS.Administration on Aging (ADA) Special Office of Human Development Programs for the Aging_Grants for Services, HHS Title III, Supportive Services and Senior Centers. Part B_ADA Title III, Part C, Nutrition Services. Office of Human Development Services, HHS.ADA Grants to Indian Tribes............... Office of Human Development Services, HHS.ADA Training, Research and Discretionary Office of Human Development Projects and Programs. Services, HHS.Social Service Block Grant................ Office of Human Development Services, HHS.Medical Assistance Program Title XIX...... Health Care Financing Medicaid; Administration, HHS.Medicare_Supplemental Medical Insurance... Health Care Financing Administration, HHS.0Aid to Families with Dependent Children Family Support (AFDC)_Maintenance Assistance. Administration, HHS.Work Incentive Program.................... Family Support Administration, HHS.Community Service Block Grant (CSBG)...... Family Support Administration, HHS.CSBG Discretionary Awards................. Family Support Administration, HHS.CSBG Discretionary Awards_Community Food Family Support and Nutrition. Administration, HHS.Social Security_Disability Insurance...... Social Security Administration, HHS.Supplemental Security Income.............. Social Security Administration, HHS.Home Health Services and Training......... Public Health Service, HHS.Coal Miners Respiratory Impairment Public Health Service, HHS. Treatment Clinics and Services.Preventive Health Services_Sexually Public Health Service, HHS. Transmitted Diseases Control Grants.Health Programs for Refugees.............. Public Health Service, HHS.------------------------------------------------------------------------
