49 C.F.R. Subpart D—Complaint Procedures and Remedies
Title 49 - Transportation
Any interested party may file a complaint with the Administrator alleging a violation or violations of terms of an agreement entered into pursuant to §605.14. A complaint must be in writing, must specify in detail the action claimed to violate the agreement, and must be accompanied by evidence sufficient to enable the Administrator to make a preliminary determination as to whether probable cause exists to believe that a violation of the agreement has taken place. On receipt of any complaint under §605.30, or on his own motion if at any time he shall have reason to believe that a violation may have occurred, the Administrator will provide written notification to the grantee concerned (hereinafter called “the respondent”) that a violation has probably occurred. The Administrator will inform the respondent of the conduct which constitutes a probable violation of the agreement. The Administrator will allow the respondent not more than 30 days to show cause, by submission of evidence, why no violation should be deemed to have occurred. A like period shall be allowed to the complainant, if any, during which he may submit evidence to rebut the evidence offered by the respondent. The Administrator may undertake such further investigation, as he may deem necessary, including, in his discretion, the holding of an evidentiary hearing or hearings. (a) After reviewing the results of such investigation, including hearing transcripts, if any, and all evidence submitted by the parties, the Administrator will make a written determination as to whether the respondent has engaged in school bus operations in violation of the terms of the agreement. (b) If the Administrator determines that there has been a violation of the agreement, he will order such remedial measures as he may deem appropriate. (c) The determination by the Administrator will include an analysis and explanation of his findings. If the Administrator determines, pursuant to this subpart, that there has been a violation of the terms of the agreement, he may bar a grantee or operator from the receipt of further financial assistance for mass transportation facilities and equipment. The determination of the Administrator pursuant to this subpart shall be final and conclusive on all parties, but shall be subject to judicial review pursuant to title 5 U.S.C. 701–706.
Title 49: Transportation
PART 605—SCHOOL BUS OPERATIONS
Subpart D—Complaint Procedures and Remedies
§ 605.30 Filing a complaint.
§ 605.31 Notification to the respondent.
§ 605.32 Accumulation of evidentiary material.
§ 605.33 Adjudication.
§ 605.34 Remedy where there has been a violation of the agreement.
§ 605.35 Judicial review.
