§1306 — Title 49 Transportation | U.S. Code

Summary

The Board must write a report for every proceeding it handles, whether it started the action or someone filed a complaint. Each party to the case must get a copy. The report must say what the Board found, what it decided, and what order it issued. If the Board awards money, the report must explain the facts that support that award. The Board can publish its reports, and a published report can be used as proof of what it contains. When the Board, one of its members, or anyone it assigns acts on a rail carrier matter, the written statement of that action must show the official title of who acted, the names of everyone who took part, and each person’s vote or position. If a member did not take part, the statement must say so. Anyone who did take part may add their own views. The statement must also be made available to the public under section 552(a) of title 5.

Title 49, §1306

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(a)The Board shall make a written report of each proceeding conducted on complaint or on its own initiative and furnish a copy to each party to that proceeding. The report shall include the findings, conclusions, and the order of the Board and, if damages are awarded, the findings of fact supporting the award. The Board may have its reports published for public use. A published report of the Board is competent evidence of its contents.

(b)(1)When action of the Board in a matter related to a rail carrier is taken by the Board, an individual member of the Board, or another individual or group of individuals designated to take official action for the Board, the written statement of that action (including a report, order, decision and order, vote, notice, letter, policy statement, or regulation) shall indicate—

(A)the official designation of the individual or group taking the action;

(B)the name of each individual taking, or participating in taking, the action; and

(C)the vote or position of each participating individual.

(2)If an individual member of a group taking an official action referred to in paragraph (1) does not participate in it, the written statement of the action shall indicate that the member did not participate. An individual participating in taking an official action is entitled to express the views of that individual as part of the written statement of the action. In addition to any publication of the written statement, it shall be made available to the public under section 552(a) of title 5.

Editorial Notes

Amendments

2015—Pub. L. 114–110 renumbered section 706 of this title as this section.

§1306 Reporting official action

Summary

Title 49, §1306

Notes & Related Subsidiaries

Editorial Notes

Amendments

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