Administrative Hearings

Appeal of Thomas T. Wells, Jr. (FRA—Locomotive Engineer Certification Case) Docket No. EQAL 99-96 (DOT Docket # FRA 2000-7564)

  • 17
  • Apr
  • 2001
SUBJECT: Enforcement
ABSTRACT: Petitioner, Thomas T. Wells, Jr. (“Wells”), through the Brotherhood of Locomotive Engineers, appealed to the Administrator of the Federal Railroad Administration (“FRA”), under the provisions of 49 CFR § 240.411, from a decision of an Administrative Hearing Officer (“AHO”) dismissing Wells’ hearing request, based upon lack of jurisdiction. The AHO found that, pursuant the Administrator’s Final Decision in Bourgeois, FRA Dkt. No. EQAL No. 97-79 (September 16, 1999), he had no authority to review the decision of the Locomotive Engineer Review Board (“LERB”) denying Wells’ petition. The LERB denied the petition because it found it to be late.