By Oded Carmi

As an approved DoD TSP it’s incredibly important to know your rights of appeal through a TRB process should you find yourself on the wrong side of considerable punitive action or an unfavorable novation decision. TRB is commonly referred to as, “Transportation Review Board” or officially, “Transportation Service Provider Review Board.” The TRB is USTC’s appeal mechanism for decisions involving TSP disqualifications, suspensions, revocations, and rejected novations.

When a TSP requests a TRB hearing it is normally held within 30 days of the request. Following notification of a scheduled TRB, the TSP has 14 days to affirmatively respond to the notice, announce which parties will be in attendance, and provide documentation to be reviewed.

A TRB is composed of three voting members from USTC who possess expertise and experience to properly evaluate the matter. They are typically not involved with the adjudication of initial decision that led to the TRB. Members are ordinarily senior military (O-4 and above) or senior civilian (GS-13 or above). The highest ranked or graded member of the TRB acts as the Chairperson. In addition to the voting members, advisory members of the TRB may include legal counsel, action officers, and functional experts.

During the TRB hearing TSPs can appeal USTC decisions and present their case for consideration.  A TSP should address the specific qualification or business rules violations that are alleged by both explaining why they occurred and providing a detailed corrective action plan. In the case of novation decision, the TSP will often need to prove why approving novation would be in the best interest of the US Government.

Following a TRB hearing USTC will notify the TSP of the TRB decision within 15 calendar days. But if a TRB does not go your way, it’s not over. A TSP has 15 calendar days from the receipt of the TRB decision to file an appeal of the TRB determination. The appellate authority is ordinarily one of the highest ranked members if USTC, and often DP3 Director (currently BG Safranek).

Complete rules governing TRBs can be found in the “Procedures for Transportation Review Boards (TRBs) of Transportation Service Providers (TSPs) within the Defense Personal Property Program (DP3)” document.