DOT ISSUES NEW NOTICE ON ITS INVESTIGATORY AND ENFORCEMENT POLICIES AND PROCEDURES
February 1, 2023
On January 3, 2023, DOT issued a notice explaining its investigatory and enforcement policies and practices to further its efforts related to protecting aviation consumers. The notice includes specific sections detailing how DOT’s enforcement office learns about potential issues (usually though consumer complaints), its investigative process, what results from investigations, the various types of enforcement actions (i.e., consent orders, warning letters, and enforcement proceedings), and other relevant topics such as how voluntary self-disclosure of violations by airlines can impact the enforcement process, and general information on sanctions (i.e., civil penalties). The notice also includes an attachment explaining the criteria DOT uses to determine whether to seek civil penalties or settle for a certain penalty during enforcement proceedings, which includes several factors such as the number of violations committed, how long the violations continued after the violator became aware of them, and consideration of the harm caused by the violations.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com 202-659-6622) or Drew Derco (dderco@eckertseamans.com 202-659-6665).
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