Charge Complaint Procedures

Official abstract: The Federal Maritime Commission (FMC or Commission) is issuing this rule to bring awareness that as an alternative to following the Commission's Interim Procedure for Charge Complaints, Charge Complaints may be filed with the Commission following traditional complaint processes involving either an Administrative Law Judge or Small Claims Officer. In accordance with the statute, when a person files a Charge Complaint as a traditional complaint, the Administrative Law Judge or Small Claims Officer must treat the complaint as such, including by requiring the common carrier to bear the burden of establishing the reasonableness of any demurrage or detention charges pursuant to the Commission's Interpretive Rule on Unjust and Unreasonable Practices With Respect to Demurrage and Detention.