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  • § 386.1
    Scope of the rules in this part.
  • § 386.2
    Definitions.
  • § 386.3
    Separation of functions.
  • § 386.4
    Appearances and rights of parties.
  • § 386.5
    Form of filings and extensions of time.
  • § 386.6
    Service.
  • § 386.7
    Filing of documents.
  • § 386.8
    Computation of time.
  • § 386.11
    Commencement of proceedings.
  • § 386.12
    Complaint.
  • § 386.13
    Petitions to review and request for hearing: Driver qualification proceedings.
  • § 386.14
    Reply.
  • § 386.15
    [RESERVED]
  • § 386.16
    Action on replies to the Notice of Claim.
  • § 386.17
    Intervention.
  • § 386.18
    Payment of the claim.
  • § 386.22
    Settlement agreements and their contents.
  • § 386.31
    Official notice.
  • § 386.34
    Motions.
  • § 386.35
    Motions to dismiss and motions for a more definite statement.
  • § 386.36
    Motions for final agency order.
  • § 386.37
    Discovery.
  • § 386.38
    Scope of discovery.
  • § 386.39
    Protective orders.
  • § 386.40
    Supplementation of responses.
  • § 386.41
    Stipulations regarding discovery.
  • § 386.42
    Written interrogatories to parties.
  • § 386.43
    Production of documents and other evidence; entry upon land for inspection and other purposes; and physical and mental examination.
  • § 386.44
    Request for admissions.
  • § 386.45
    Motion to compel discovery.
  • § 386.46
    Depositions.
  • § 386.47
    Use of deposition at hearings.
  • § 386.48
    Medical records and physicians' reports.
  • § 386.49
    Form of written evidence.
  • § 386.51
    Amendment and withdrawal of pleadings.
  • § 386.52
    Appeals from interlocutory rulings.
  • § 386.53
    Subpoenas, witness fees.
  • § 386.54
    Administrative Law Judge.
  • § 386.55
    Prehearing conferences.
  • § 386.56
    Hearings.
  • § 386.57
    Proposed findings of fact, conclusions of law.
  • § 386.58
    Burden of proof.
  • § 386.61
    Decision.
  • § 386.62
    Review of administrative law judge's decision.
  • § 386.63
    Decision on review.
  • § 386.64
    Reconsideration.
  • § 386.65
    Failure to comply with final order.
  • § 386.66
    Motions for rehearing or for modification.
  • § 386.67
    Judicial review.
  • § 386.71
    Injunctions.
  • § 386.72
    Imminent hazard.
  • § 386.73
    Operations out of service and record consolidation proceedings (reincarnated carriers).
  • § 386.81
    General.
  • § 386.82
    Civil penalties for violations of notices and orders.
  • § 386.83
    Sanction for failure to pay civil penalties or abide by payment plan; operation in interstate commerce prohibited.
  • § 386.84
    Sanction for failure to pay civil penalties or abide by payment plan; suspension or revocation of registration.

Part 386
RULES OF PRACTICE FOR MOTOR CARRIER, INTERMODAL EQUIPMENT PROVIDER, BROKER, FREIGHT FORWARDER, AND HAZARDOUS MATERIALS PROCEEDINGS

§ 386.1: Scope of the rules in this part.

(a) The rules in this part govern proceedings before the Assistant Administrator, who also acts as the Chief Safety Officer of the Federal Motor Carrier Safety Administration (FMCSA), under applicable provisions of the Federal Motor Carrier Safety Regulations (FMCSRs) (49 CFR parts 350-399), including the commercial regulations (49 CFR parts 360-379), and the Hazardous Materials Regulations (49 CFR parts 171-180).
(b) The purpose of the proceedings is to enable the Assistant Administrator:
(1) To determine whether a motor carrier, intermodal equipment provider (as defined in § 390.5 of this chapter), property broker, freight forwarder, or its agents, employees, or any other person subject to the jurisdiction of FMCSA, has failed to comply with the provisions or requirements of applicable statutes and the corresponding regulations; and
(2) To issue an appropriate order to compel compliance with the statute or regulation, assess a civil penalty, or both, if such violations are found.

Citation: [73 FR 76819, Dec. 17, 2008]

Disclaimer:

Although we make every effort to assure that the information we provide is complete and accurate, it is not intended to take the place of published agency regulations. Regulations issued by the U.S. Department of Transportation and its Operating Administrations are published in the Federal Register and compiled in the U.S. Code of Federal Regulations (CFR). Copies of appropriate volumes of the CFR in book format may be purchased from the Superintendent of Documents, U.S. Government Printing Office, or examined at many libraries.

The CFR may also be viewed online at http://ECFR.gpoaccess.gov.