49 U.S.C. § 1306 — Reporting official action
submitted 31 years ago by Pub. L. 104-88 to r/title-49-TRANSPORTATION · 273 words · no verdicts yet
The Board must issue a written report for each proceeding and provide it to every party. For rail-carrier matters, written actions must identify who acted and each participant’s position, and must be publicly available.
(a) Reports. The Board must make a written report for each proceeding brought by complaint or begun on its own initiative and give a copy to every party. The report must contain the Board’s findings, conclusions, and order, and, when damages are awarded, the factual findings supporting them. The Board may publish reports for public use. A published Board report is competent evidence of what it contains. (b) Rail-carrier matters. (1) When the Board, one Board member, or a person or group designated to act for the Board takes action in a rail-carrier matter, the written statement of that action—including a report, order, decision and order, vote, notice, letter, policy statement, or regulation—must state (A) the official designation of the person or group taking action; (B) the name of each person taking part; and (C) each participating person’s vote or position. (2) If a member of the acting group did not participate, the statement must say so. A participant may include that person’s views in the written statement. In addition to any publication, the statement must be made available to the public under section 552(a) of title 5.
The Board shall make a written report of each proceeding conducted on complaint or on its own initiative and furnish a copy to each party to that proceeding. The report shall include the findings, conclusions, and the order of the Board and, if damages are awarded, the findings of fact supporting the award. The Board may have its reports published for public use. A published report of the Board is competent evidence of its contents.
When action of the Board in a matter related to a rail carrier is taken by the Board, an individual member of the Board, or another individual or group of individuals designated to take official action for the Board, the written statement of that action (including a report, order, decision and order, vote, notice, letter, policy statement, or regulation) shall indicate—
the official designation of the individual or group taking the action;
the name of each individual taking, or participating in taking, the action; and
the vote or position of each participating individual.
If an individual member of a group taking an official action referred to in paragraph (1) does not participate in it, the written statement of the action shall indicate that the member did not participate. An individual participating in taking an official action is entitled to express the views of that individual as part of the written statement of the action. In addition to any publication of the written statement, it shall be made available to the public under section 552(a) of title 5.
Source credit: (Added Pub. L. 104–88, title II, § 201(a), Dec. 29, 1995, 109 Stat. 934, § 706; renumbered § 1306, Pub. L. 114–110, § 3(a)(3), Dec. 18, 2015, 129 Stat. 2228.)
- 1995Enacted · Pub. L. 104-88 · 109 Stat. 934
- 2015Amended · Pub. L. 114-110 · 129 Stat. 2228
A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-88 on 1995-12-29.
all 0 arguments · sorted by: best
no arguments yet — make the first case