Should an MIS request be filed by the consortium (for those companies in a consortium)?
"No, the carrier is the ""employer"" and is responsible for filing the MIS form. The TPA or consortium can provide the carrier the data (or even provide a completed MIS form to the carrier), but it is the carrier that must sign and submit the form to the FMCSA. Here are two regulations that clarify this:
- §382.403(b) If an employer is notified, during the month of January, of a request by the Federal Motor Carrier Safety Administration to report the employer's annual calendar year summary information, the employer shall prepare and submit the report to the FMCSA by March 15 of that year.
- §382.403(e) A service agent (e.g., Consortia/Third party administrator as defined in 49 CFR 382.107) may prepare the MIS report on behalf of an employer. However, a company official (e.g., Designated employer representative) must certify the accuracy and completeness of the MIS report, no matter who prepares it."