Scheme Nickname: 
Federal Transit Administration charter service violation proceedings

This scheme applies to recipients of financial assistance (usually state or local government agencies) from the Federal Transit Administration (an operating administration within DOT) who provide charter bus services in a manner that unlawfully competes with private charter operations. The regulations define "charter service" as transportation provided for a third party seeking exclusive use of a bus or van at a negotiated price, or transportation provided to the public for irregular and/or limited-duration events. See 49 CFR 604.3(c)(2). Cases enforcing the regulations of Part 604 are adjudicated under the procedures of Subparts F through K of the same part.

Comments/Notes on Adjudication Structure: 
-The "Presiding Official" (PO) named as Hearing Officer #1 is a factfinder that the Chief Counsel may appoint after a preliminary investigation when he desires further review of certain issues before he reaches a decision. See 49 CFR 604.34. The Chief Counsel enters an order specifying the matters to be decided by the PO, see id., and the PO ultimately issues a recommended decision that the Chief Counsel either adopts or modifies. See 49 CFR 604.46. As part of his decision, the Chief Counsel also determines the penalty (if any) to be applied. See 49 CFR 604.47. -Subpart J of 49 CFR Part 604 recognizes the Administrator (i.e., the Federal Transit Administration's head) as the appellate officer.
Types of Adjudication: 
Type B
Verified by Agency: 
Not verified
Is this a Major Adjudication: