39 U.S.C. § 3662 — Rate and service complaints
submitted 20 years ago by Pub. L. 109-435 to r/title-39-POSTAL-SERVICE · 419 words · no verdicts yet
Interested people may complain to the Postal Regulatory Commission about specified Postal Service violations. The Commission must act within 90 days and may order corrective action or fines for deliberate noncompliance.
(a) In general. Any interested person, including a Commission officer representing the public, who believes the Postal Service is not following sections 101(d), 401(2), 403(c), 404a, or 601, this chapter, or regulations under those provisions may file a complaint with the Commission in the form and manner the Commission sets.
(b) Prompt response. (1) Within 90 days after receiving the complaint, the Commission must either start proceedings if the complaint raises important factual or legal issues, or issue an order dismissing it. In either event, it must give a written statement explaining its decision. (2) For section 3663, if the Commission does not act as required and on time, the complaint is treated as dismissed by an order issued on the last permissible day.
(c) If the Commission finds the complaint justified, it must order the Postal Service to take appropriate steps to comply and fix the effects of the violation. This can include adjusting unlawful rates to lawful levels, canceling market tests, stopping loss-making products, or making up revenue shortfalls in competitive products.
(d) For deliberate violations of this title, the Commission may order a fine for each violation, considering its nature, circumstances, extent, and seriousness. The order sets the amount. A fine resulting from competitive products must be paid from the Competitive Products Fund under section 2011. All fines under this subsection go into the United States Treasury’s general fund.
Any interested person (including an officer of the Postal Regulatory Commission representing the interests of the general public) who believes the Postal Service is not operating in conformance with the requirements of the provisions of sections 101(d), 401(2), 403(c), 404a, or 601, or this chapter (or regulations promulgated under any of those provisions) may lodge a complaint with the Postal Regulatory Commission in such form and manner as the Commission may prescribe.
The Postal Regulatory Commission shall, within 90 days after receiving a complaint under subsection (a)—
either—
upon a finding that such complaint raises material issues of fact or law, begin proceedings on such complaint; or
issue an order dismissing the complaint; and
with respect to any action taken under subparagraph (A)(i) or (ii), issue a written statement setting forth the bases of its determination.
For purposes of section 3663, any complaint under subsection (a) on which the Commission fails to act in the time and manner required by paragraph (1) shall be treated in the same way as if it had been dismissed pursuant to an order issued by the Commission on the last day allowable for the issuance of such order under paragraph (1).
If the Postal Regulatory Commission finds the complaint to be justified, it shall order that the Postal Service take such action as the Commission considers appropriate in order to achieve compliance with the applicable requirements and to remedy the effects of any noncompliance (such as ordering unlawful rates to be adjusted to lawful levels, ordering the cancellation of market tests, ordering the Postal Service to discontinue providing loss-making products, or requiring the Postal Service to make up for revenue shortfalls in competitive products).
In addition, in cases of deliberate noncompliance by the Postal Service with the requirements of this title, the Postal Regulatory Commission may order, based on the nature, circumstances, extent, and seriousness of the noncompliance, a fine (in the amount specified by the Commission in its order) for each incidence of noncompliance. Fines resulting from the provision of competitive products shall be paid from the Competitive Products Fund established in section 2011. All receipts from fines imposed under this subsection shall be deposited in the general fund of the Treasury of the United States.
Source credit: (Added Pub. L. 109–435, title II, § 205, Dec. 20, 2006, 120 Stat. 3216.)
- 2006Enacted · Pub. L. 109-435 · 120 Stat. 3216
A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-435 on 2006-12-20.
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