N.Y. Transportation Law § 118: Investigations by commissioner

§ 118. Investigations by commissioner. 1. The commissioner may, of his

own motion, investigate or make inquiry, in a manner to be determined by

him as to any act or thing done or omitted to be done by any common

carrier, subject to his supervision, and the commissioner must make such

inquiry in regard to any act or thing done or omitted to be done by any

such common carrier in violation of law or an order of the commissioner.

2. Complaints may be made to the commissioner by any person or

corporation aggrieved, by petition or complaint in writing setting forth

any thing or act done or omitted to be done by any common carrier in

violation, or claimed to be in violation, or of the terms and conditions

of its franchise or charter or of any order of the commissioner. Upon

the presentation of such a complaint the commissioner shall cause a copy

thereof to be forwarded to the person or carrier complained of, which

may be accompanied by an order, directed to such person or carrier,

requiring that the matters complained of be satisfied, or that the

charges be answered in writing within a time to be specified by the

commissioner. If the person or carrier complained of shall make

reparation for any injury alleged and shall cease to commit, or to

permit, the violation of law, franchise or order charged in the

complaint, and shall notify the commissioner of that fact before the

time allowed for answer, the commissioner need take no further action

upon the charges. If, however, the charges contained in such petition be

not thus satisfied, and it shall appear to the commissioner that there

are reasonable grounds therefor, he shall investigate such charges in

such manner and by such means as he shall deem proper, and take such

action within his powers as the facts justify.

3. Whenever the commissioner shall investigate any matter complained

of by any person or corporation aggrieved by any act or omission of a

common carrier under this section it shall be his duty to make and file

an order either dismissing the petition or complaint or directing the

common carrier complained of to satisfy the cause of complaint in whole

or to the extent which the commissioner may specify and require.