NAC706.3974. Formal written complaints: General requirements.  


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  •      1. A formal written complaint, other than a formal written complaint filed by a motor carrier or broker pursuant to NAC 706.398, must:

         (a) Clearly and concisely state the grounds of the complaint and the facts constituting the alleged wrongful acts or omissions;

         (b) Be accompanied by copies of all supporting documents, such as invoices, bills of lading, cancelled checks and statements of account;

         (c) Include the name and address of the complainant and, if he or she is being represented by an attorney or other authorized representative, the name, address and telephone number of the attorney or authorized representative;

         (d) Include the name of the motor carrier or broker against whom the complaint is being made;

         (e) Include the date of each act or omission that is the subject of the complaint;

         (f) Include the nature of the relief sought; and

         (g) Include the signature of the complainant or the attorney or authorized representative of the complainant.

         2. The staff of the Authority shall maintain a record of each formal written complaint, including, without limitation:

         (a) Each pertinent fact relative to the origin, nature and basis of the complaint;

         (b) A description of each action that the complainant has taken or attempted to take to resolve the complaint;

         (c) The response of the motor carrier or broker to the complaint, with copies of supporting documents, if any; and

         (d) Any other information the staff deems to be relevant to the understanding and resolution of the complaint.

         3. The staff of the Authority shall:

         (a) Within 15 days after receiving a formal written complaint, send a letter of acknowledgment to the complainant.

         (b) Within 20 days after receiving a formal written complaint, send a copy of it to the motor carrier or broker against which the complaint is made and require the motor carrier or broker to file a response to the complaint with the staff pursuant to NAC 706.3975.

     (Added to NAC by Transportation Serv. Auth. by R071-98, eff. 10-28-98; A by R040-02, 9-20-2002)