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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

§ 386.42: Written interrogatories to parties.

(a) Without leave, any party may serve upon any other party written interrogatories to be answered by the party to whom the interrogatories are directed; or, if that party is a public or private corporation or partnership or association or governmental agency, by any officer or agent, who will furnish the information available to that party.
(b) The maximum number of interrogatories served will not exceed 30, including all subparts, unless the Assistant Administrator or Administrative Law Judge permits a larger number on motion and for good cause shown. Other interrogatories may be added without leave, so long as the total number of approved and additional interrogatories does not exceed 30.
(c) Each interrogatory shall be answered separately and fully in writing under oath unless it is objected to, in which event the grounds for objection shall be stated and signed by the party, or counsel for the party, if represented, making the response. The party to whom the interrogatories are directed shall serve the answers and any objections within 30 days after the service of the interrogatories, or within such shortened or longer period as the Assistant Administrator or the Administrative Law Judge may allow.
(d) Motions to compel may be made in accordance with § 386.45.
(e) A notice of discovery must be served on the Assistant Administrator or, in cases that have been referred to the Office of Hearings, on the Administrative Law Judge. A copy of the interrogatories, answers, and all related pleadings must be served on all parties to the proceeding.
(f) An interrogatory otherwise proper is not necessarily objectionable merely because an answer to the interrogatory involves an opinion or contention that relates to fact or the application of law to fact, but the Assistant Administrator or Administrative Law Judge may order that such an interrogatory need not be answered until after designated discovery has been completed or until a prehearing conference or other later time.

Citation: [70 FR 28483, May 18, 2005]

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.