49 U.S.C. § 40114 — Reports and records
submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 240 words · no verdicts yet
The Secretary must write up formal hearings and publish reports and rules for public use. Certain tariffs, filings, and statistics are public records kept by the Secretary. A certified copy of these records counts as valid evidence in investigations and court cases.
(a) Written Reports. (1) For most proceedings and investigations under this part where a formal hearing happened, the Secretary of Transportation (or the FAA Administrator for aviation-safety matters) must write up a report with the decision, conclusions, order, and requirements, and give a copy to each party involved. (2) The Secretary or Administrator must publish all reports, orders, decisions, and regulations in whatever form works best for public use, and a copy of that publication counts as solid evidence of what it says.
(b) Public Records. With some exceptions, filed tariffs and arrangements, plus certain statistics, tables, and figures from reports, are public records that the Secretary keeps. A certified copy of one of these records, sealed by the Department of Transportation, counts as solid evidence in the Secretary's investigations and in court cases.
Except as provided in this part, the Secretary of Transportation (or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator) shall make a written report of each proceeding and investigation under this part in which a formal hearing was held and shall provide a copy to each party to the proceeding or investigation. The report shall include the decision, conclusions, order, and requirements of the Secretary or Administrator as appropriate.
The Secretary (or the Administrator with respect to aviation safety duties and powers designated to be carried out by the Administrator) shall have all reports, orders, decisions, and regulations the Secretary or Administrator, as appropriate, issues or prescribes published in the form and way best adapted for public use. A publication of the Secretary or Administrator is competent evidence of its contents.
Except as provided in subpart II of this part, copies of tariffs and arrangements filed with the Secretary under subpart II, and the statistics, tables, and figures contained in reports made to the Secretary under subpart II, are public records. The Secretary is the custodian of those records. A public record, or a copy or extract of it, certified by the Secretary under the seal of the Department of Transportation is competent evidence in an investigation by the Secretary and in a judicial proceeding.
Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1110.)
- 1994Enacted · Pub. L. 103-272 · 108 Stat. 1110
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.
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