49 U.S.C. § 15901 — General authority
submitted 31 years ago by Pub. L. 104-88 to r/title-49-TRANSPORTATION · 200 words · no verdicts yet
The Board can only investigate a pipeline carrier after someone files a complaint. If it finds a violation, it must act to force compliance, after giving the carrier notice and a chance to respond. An investigation is automatically dismissed if the Board hasn't finished it within three years.
(a) Investigation; Compliance Order: The Board* can only start an investigation under this part if someone files a complaint first. If the Board decides a pipeline carrier* is breaking the rules in this part, it must take action to force the carrier to comply. Before acting, the Board has to tell the carrier about the investigation and give it a chance to be heard in a proceeding.
(b) Complaint: Anyone, including a government agency, can file a complaint with the Board saying a pipeline carrier violated this part. The complaint must explain the facts behind the claim. The Board can throw out a complaint if it decides there is no good reason to investigate or act. But the Board cannot throw out a complaint just because the person complaining was not directly hurt by the carrier.
(c) Automatic Dismissal: If the Board starts a formal investigation under (a), that investigation is automatically dismissed unless the Board finishes it completely — with what the law calls "administrative finality" — by the end of the third year after it began.
Except as otherwise provided in this part, the Board* may begin an investigation under this part only on complaint. If the Board finds that a pipeline carrier* is violating this part, the Board shall take appropriate action to compel compliance with this part. The Board shall provide the carrier notice of the investigation and an opportunity for a proceeding.
A person, including a governmental authority, may file with the Board a complaint about a violation of this part by a pipeline carrier providing transportation* or service subject to this part. The complaint must state* the facts that are the subject of the violation. The Board may dismiss a complaint it determines does not state reasonable grounds for investigation and action. However, the Board may not dismiss a complaint made against a pipeline carrier providing transportation subject to this part because of the absence of direct damage to the complainant.
A formal investigative proceeding begun by the Board under subsection (a) is dismissed automatically unless it is concluded by the Board with administrative finality by the end of the 3d year after the date on which it was begun.
Source credit: (Added Pub. L. 104–88, title I, § 106(a), Dec. 29, 1995, 109 Stat. 926.)
- 1995Enacted · Pub. L. 104-88 · 109 Stat. 926
A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-88 on 1995-12-29.
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