49 C.F.R. § 604.23
Decisions by the Chief Counsel regarding cease and desist orders
(a) The Chief Counsel may grant a request for a cease and desist order if the interested party demonstrates, by a preponderance of the evidence, that the planned provision of charter service by a recipient would violate this part.
(b) In determining whether to grant the request for a cease and desist order, the Chief Counsel shall consider the specific facts shown in the signed, sworn request for a cease and desist order, applicable statutes, regulations, agreements, and any other information that is relevant to the request.
Notes of Decisions
Cited in 2
cases, 2010–2010 · leading case: Am. Bus Ass'n, Inc. v. Rogoff, 717 F. Supp. 2d 73 (D.D.C. 2010).
Am. Bus Ass'n, Inc. v. Rogoff, 717 F. Supp. 2d 73 (D.D.C. 2010). “Defendants concede that the Amendment prohibits the FTA from enforcing any aspect of the Charter Rule against KCM, meaning that the agency may not consider complaints filed against KCM or issue cease-and-desist orders to it, as provided by 49 C.F.R. § 604.23 . (See Tr. at 4-7.)…”
United Motorcoach Ass'n, Inc. v. Rogoff (D.D.C. 2010). “Defendants concede that the Amendment prohibits the FTA from enforcing any aspect of the Charter Rule against KCM, meaning that the agency may not consider complaints filed against KCM or issue cease-and-desist orders to it, as provided by 49 C.F.R. § 604.23 . (See Tr. at 4-7.)…”
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