Guidance Questions and Answers Concerning 49 CFR Part 39, ADA Rules Concerning Passenger Vessels

39.103

QUESTION: MAY CROs MAKE INTERIM RESPONSES TO COMPLAINTS?

ANSWER:

*Complaints should be as detailed and specific as possible, and should be filed as soon as possible after the matter that gave rise to the complaint.

*If a written complaint is filed more than 45 days after the matter giving rise to the complaint, the CRO is not required to respond.

*If the complaint does not have enough information to permit the CRO to make a decision, or if the CRO needs to make an extended factual inquiry to determine the facts of the matter, the CRO may provide an interim response to the complainant, within 30 days of receiving the complaint.

* The interim response should state the reasons for needing additional time and inform the complainant of when the CRO expects to issue a determination.

*Overuse or abuse of interim responses (e.g., routine issuance of interim responses because of insufficient resources to respond in a timely manner) may result in a finding of noncompliance.