US Federal Maritime Commission (FMC) declared its temporary procedures to process charge complaints

Posted on December 5, 2022   |  

• FMC declared its interim methods to review, investigate and judge charge complaints.
• Under the new process, a charge complaint with sufficient information will be investigated by FMC staff in the Office of Investigations. 
• The carrier will be reached by Commission staff as part of the investigation to respond to the complaint and justify the charge. 
• If the carrier’s charge is not in compliance, the Office of Enforcement will recommend FMC issue an order that shows cause to the carrier to formally judge the charging complaint. 
• The carrier must show why it should not be ordered to repay the fees or charges paid or waive the fees in question. 
• The commission will give a decision and order a refund or release of charges that are not in compliance with the law.
• The Commission may then also begin a separate civil penalty proceeding with the Commission’s Administrative Law Judge for consideration of penalties.
• An initial decision to not refer a charge complaint to the Office of Enforcement does not stop a party from filing a formal complaint with the Commission.
• A party may also seek alternative dispute solution services by reaching the Commission’s Office of Consumer Affairs and Dispute Resolution Services.