§3662 — Title 39 Postal Service | U.S. Code

Summary

Anyone (including a Postal Regulatory Commission officer who speaks for the public) who thinks the Postal Service broke the rules in sections 101(d), 401(2), 403(c), 404a, 601, or other rules in this chapter can file a complaint with the Postal Regulatory Commission in the form the Commission requires. The Commission must act within 90 days. It will either start a formal case if the complaint raises real issues or it will dismiss the complaint, and it must give written reasons. If the Commission does not act in time, the complaint is treated as if it were dismissed on the last allowable day. If the complaint is upheld, the Commission can order fixes to bring the Postal Service into compliance and undo harms (for example, correct illegal rates, cancel market tests, stop loss-making products, or make up revenue shortfalls). For deliberate violations, the Commission may fine the Postal Service for each incident; fines on competitive products come from the Competitive Products Fund (section 2011), and all fine money goes into the U.S. Treasury general fund.

Title 39, §3662

Postal Service — Source: USLM XML via OLRC

(a)Any interested person (including an officer of the Postal Regulatory Commission representing the interests of the general public) who believes the Postal Service is not operating in conformance with the requirements of the provisions of section 101(d), 401(2), 403(c), 404a, or 601, or this chapter (or regulations promulgated under any of those provisions) may lodge a complaint with the Postal Regulatory Commission in such form and manner as the Commission may prescribe.

(b)(1)The Postal Regulatory Commission shall, within 90 days after receiving a complaint under subsection (a)—

(A)either—

(i)upon a finding that such complaint raises material issues of fact or law, begin proceedings on such complaint; or

(ii)issue an order dismissing the complaint; and

(B)with respect to any action taken under subparagraph (A)(i) or (ii), issue a written statement setting forth the bases of its determination.

(2)For purposes of section 3663, any complaint under subsection (a) on which the Commission fails to act in the time and manner required by paragraph (1) shall be treated in the same way as if it had been dismissed pursuant to an order issued by the Commission on the last day allowable for the issuance of such order under paragraph (1).

(c)If the Postal Regulatory Commission finds the complaint to be justified, it shall order that the Postal Service take such action as the Commission considers appropriate in order to achieve compliance with the applicable requirements and to remedy the effects of any noncompliance (such as ordering unlawful rates to be adjusted to lawful levels, ordering the cancellation of market tests, ordering the Postal Service to discontinue providing loss-making products, or requiring the Postal Service to make up for revenue shortfalls in competitive products).

(d)In addition, in cases of deliberate noncompliance by the Postal Service with the requirements of this title, the Postal Regulatory Commission may order, based on the nature, circumstances, extent, and seriousness of the noncompliance, a fine (in the amount specified by the Commission in its order) for each incidence of noncompliance. Fines resulting from the provision of competitive products shall be paid from the Competitive Products Fund established in section 2011. All receipts from fines imposed under this subsection shall be deposited in the general fund of the Treasury of the United States.

Editorial Notes

Prior Provisions

A prior section 3662, Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 764, related to rate and service complaints, prior to repeal by Pub. L. 109–435, title II, § 205, Dec. 20, 2006, 120 Stat. 3216.

§3662 Rate and Service Complaints

Summary

Title 39, §3662

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Citations & Metadata