DOT PROPOSES NEW RULEMAKING ON FORMAL HEARING PROCEDURES
November 5, 2025
Eckert Seamans has prepared the information in this update for educational purposes only. It does not constitute legal advice nor substitute for legal advice. Neither your receipt of information from this website nor your use of this website to contact Eckert Seamans or one of its attorneys creates an attorney-client relationship, as the firm may, for example, already represent another party involved in your matter. Accordingly, you should not provide confidential information to Eckert Seamans. Persons seeking legal advice should consult a licensed professional attorney in their state. The firm’s Terms of Use, Legal Notice, and Disclaimer detailed herein are expressly incorporated into the Aviation Regulatory Update.
On October 30, 2025, the U.S. Department of Transportation issued a Notice of Proposed Rulemaking seeking to increase transparency and due process rights for regulated entities during aviation consumer protection actions under 49 U.S.C. 41712 (“Section 41712”). This move comes as the Trump administration works to ensure that all DOT regulations are supported by underlying statutory authority and that regulated entities have notice and an opportunity for a hearing before the Department declares a specific practice to be unfair or deceptive.
By way of background, Section 41712 authorizes DOT to investigate and determine whether a carrier has been or is engaged in an “unfair or deceptive practice” in air transportation or the sale of air transportation with a maximum civil penalty amount of $75,000 per violation. In compliance with President Trump’s Executive Order 14219 (i.e., Ensuring Lawful Governance and Implementing the President’s “Department of Government Efficiency” Deregulatory Initiative), DOT issued the NPRM to reinstate formal hearing procedures which had been in place during the first Trump administration so that regulated entities have greater clarity about enforcement and regulatory processes with respect to aviation consumer protection actions under Section 41712.
The NPRM seeks to unwind two Biden era initiatives that provided DOT officials with broad discretion when granting and overseeing hearings. If finalized, it would provide for a “neutral officer” to preside over hearings and modify formal DOT hearing procedures to include an opportunity for regulated entities to appeal an adverse decision directly to the U.S. Secretary of Transportation if the DOT General Counsel were to deny a hearing petition.
The proposed rulemaking should provide U.S. and foreign air carriers as well as ticket agents greater procedural protections should the Department take enforcement action against them. This action marks yet another departure from the Department’s regulatory approach to consumer protection under the Biden administration. Carriers and ticket agents are encouraged to submit comments on the NPRM by December 1, 2025. The Department seeks comments on the following topics, among others:
- Factors to consider when DOT’s General Counsel determines whether to grant or deny hearing petitions from regulated entities;
- Consolidation of duplicative provisions concerning the definitions of “unfair” and “deceptive” into one regulation; and
- Rescission of former Biden era guidance which the Department now considers unnecessary.
If you would like to comment on any proposed policies and/or procedures outlined in the NPRM before December 1, 2025, we would be happy to assist.
This Aviation Blog Post is intended to keep readers current on developments in the law. It is not intended to be legal advice. If you have any questions, please contact Evelyn Sahr at 202.659.6622 or esahr@eckertseamans.com; Drew Derco at 202.659.6665 or dderco@eckertseamans.com; Samantha Walter at 412.566.1920 or swalter@eckertseamans.com, Tyler Myers at 202.659.6642 or trmyers@eckertseamans.com, or any other attorney at Eckert Seamans with whom you have been working.
Share This Post
Authors
