Comments/Notes on Hearing-Level Process & Procedures (Optional):
-Regarding private party representation, the regulations state that any party "may be accompanied, represented, or advised by an attorney . . . or by another duly authorized representative." 49 CFR 604.37(a).
-Most proceedings within this scheme resolve conflicts between outside entities over which the FTA presides. See 49 CFR 604.26 and 604.27 (complaints to be filed by "recipient[s]" or "registered charter providers"). Thus, the agency does generally not participate as a party and is not represented by anyone other than the PO. See 49 CFR 604.37(b). In some cases, however, the agency may initiate an investigation on its own (i.e, without first receiving a complaint) and refer the matter to a PO if the agency fails to secure an informal resolution. See 49 CFR 604.33.
-Although the PO does not have explicit subpoena power, the PO may regulate the course of hearings (see 49 CFR 604.36(g)) and may issue notices of deposition (see 49 CFR 604.39).
-Regulations permit the electronic filing of the initial complaint (see 49 CFR 604.30).
-The agency maintains a "Charter Dockets" page that provides links to certain Chief Counsel decisions from these proceedings. See http://www.fta.dot.gov/legislation_law/12922_8392.html.