Rule 570-38-1-.06 - Complaints(1) The Department may hear a complaint by a third party regarding entities or matters within the jurisdiction or regulatory authority of the section, including any person or entity subject to regulation by this Chapter, asserting that an applicant or carrier has violated the provisions of this Chapter, any other Transportation Rules issued by the Department, or any provision of Georgia law relating to any matter within the jurisdiction of the Section or the Department.(2) The Department shall require that, before investigating, imposing any penalty as a result of, or otherwise acting upon any such complaint, complaints under this Rule be submitted in writing on a form or forms designated for that purpose by the Department with a plain and distinct description of the grounds of the complaint.(3) When requested by the Department, responses to complaints must be in writing with a plain and distinct description of any defense to the complaint.(4) Supporting documentation, such as invoices, bills of lading, and claims forms, shall be attached to complaints and responses when so requested by the Department. When requested, supporting documentation shall be provided in a timely manner as directed by the Department.(5) Neither this Section nor the Department shall adjudicate or address: (a) Disputed freight loss, damage or other monetary claims except in instances of charges which exceed the Department's tariffs;(b) A complaint the basis of which relates to conduct of a ride share driver, ride share network service, taxi service, transportation referral service, or transportation referral service provider as defined by O.C.G.A. § 40-1-190 that is not specifically addressed by this Chapter or a provision of Georgia law over which the Department has regulatory authority;(c) A complaint the basis of which is currently pending or in litigation; or(d) A complaint the basis of which alleges theft; such matters will be referred to the appropriate law enforcement agency for investigation.(e) A complaint that was not made within a reasonably timely manner, which shall in no event exceed 90 days from the date of the events giving rise to the complaint.(6) After investigating a complaint made in accordance with this Rule, the Department shall issue a decision with respect to such complaint. Such decisions may impose upon carriers any penalties and seek any remedies the Department is entitled by law to impose or seek. When notice and hearing is required by law or when the Department otherwise determines that notice and hearing are appropriate, a decision shall not be issued until the appropriate notice and hearing requirements have been met. If no specific notice and hearing requirements exist with respect to a specific complaint or decision and the Department intends to impose notice and hearing requirements, those requirements shall be communicated to the complainant, complained-upon carrier, and any other necessary party.(7) Paragraph (6) of this Rule notwithstanding, the Department may also impose penalties and seek remedies without notice or a hearing to the extent authorized by law if it finds that the health or safety of the public or a particular member or member(s) of the public would be unreasonably placed at risk if such remedies or penalties were to be delayed by notice or hearing. In such cases the Department must issue specific findings of facts and/or conclusions of law relating to its finding of undue risk to the health or safety of the public or a particular member or member(s) of the public.(8) Notwithstanding the other provisions of this Rule, the Department shall have the discretion to accept a consent agreement in resolution of a claim or complaint by a party against a carrier, including but not limited to agreements in which a carrier agrees to refund a customer for charges or offers payment for lost or damaged property in lieu of other regulatory or enforcement action by the Department.Ga. Comp. R. & Regs. R. 570-38-1-.06
O.C.G.A. § 40-1-54; 40-1-121.
Original Rule entitled "Complaints" adopted. F. Apr. 21, 2020; eff. May 11, 2020.