On February 15, 2019, the Office of the General Counsel issued a memorandum to Secretarial officers and the heads of the operating administrations, entitled "Procedural Requirements for DOT Enforcement Actions." This memorandum clarifies the procedural requirements governing enforcement actions initiated by the Department of Transportation, including administrative enforcement proceedings and judicial enforcement actions brought in Federal court. The purpose of this memorandum is to ensure that DOT enforcement actions satisfy principles of due process and remain lawful, reasonable, and consistent with Administration policy.
The Department's Pre-Enforcement Rulings Plan is being issued in compliance with Executive Order 13924 and applies to requests for pre-enforcement rulings with respect to actions or conduct in response to the COVID-19 public health emergency. This Plan applies to the processing of requests for pre-enforcement rulings that are addressed to the Department of Transportation, one of its operating administrations, or a component of the Office of the Secretary.
On November 13, 2020, the Office of the General Counsel issued a memorandum to Secretarial officers and the heads of the operating administrations responsive to Executive Order (EO) 13924 entitled “Executive Order on Regulatory Relief to Support Economic Recovery." This action implements the requirements of the E.O., specifically as they relate to the execution of administrative enforcement and adjudication practices of the Department. This guidance supplements the Department’s current enforcement procedures located in 49 CFR part 5, Subpart D. Together, these principles and procedures fulfill the requirements of the E.O. and OMB implementing memo M-20-31, and serve to ensure fairness and consistency across DOT enforcement programs and activities.