DOT REINFORCES DUE PROCESS RIGHTS DURING FORMAL HEARINGS
August 5, 2026
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On July 1, 2026, DOT issued a final rule amending the regulations related to formal hearing procedures to ensure that regulated entities have notice and an opportunity for a hearing before DOT determines something to be unfair or deceptive. The final rule revises the current Procedures in Regulating Unfair or Deceptive Practices (“2022 UDP Rule”) to better align with the due process protections set forth in the prior rule (“2020 UDP Rule”) which was previously in place during the first Trump administration. By reversing the hearing procedures outlined within the 2022 UDP Rule back to those contained within the 2020 UDP Rule, DOT believes that regulated entities will now be afforded greater due process protections. Those protections include, but are not limited to, a neutral officer who will preside over any such hearing and the issuance of formal findings of fact so that U.S. and foreign air carriers can better understand the evidence and arguments presented during formal hearings. Considering President Trump’s deregulatory agenda, the final rule seeks to ensure that DOT will only declare practices “unfair or deceptive” under 49 U.S.C. 41712 when supported by clear and convincing evidence and after regulated entities had sufficient opportunity to voice their concerns. This final rule becomes effective on July 31, 2026.
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