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

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.



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