49 CFR 386.34 - Motions.

§ 386.34 Motions.

(a)General. An application for an order or ruling not otherwise covered by these rules shall be by motion. All motions filed prior to the calling of the matter for a hearing shall be to the Assistant Administrator. All motions filed after the matter is called for hearing shall be to the administrative law judge.

(b)Form. Unless made during hearing, motions shall be made in writing, shall state with particularity the grounds for relief sought, and shall be accompanied by affidavits or other evidence relied upon.

(c)Answers. Except when a motion is filed during a hearing, any party may file an answer in support or opposition to a motion, accompanied by affidavits or other evidence relied upon. Such answers shall be served within 20 days after the motion is served or within such other time as the Assistant Administrator or administrative law judge may set.

(d)Argument. Oral argument or briefs on a motion may be ordered by the Assistant Administrator or the administrative law judge.

(e)Disposition. Motions may be ruled on immediately or at any other time specified by the administrative law judge or the Assistant Administrator.

(f)Suspension of time. The pendency of a motion shall not affect any time limits set in these rules unless expressly ordered by the Assistant Administrator or administrative law judge.

[ 50 FR 40306, Oct. 2, 1985. Redesignated and amended at 70 FR 28483, May 18, 2005]

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

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United States Code
Statutes at Large
Public Laws

Title 49 published on 16-Dec-2017 04:00

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 49 CFR Part 386 after this date.

  • 2017-04-12; vol. 82 # 69 - Wednesday, April 12, 2017
    1. 82 FR 17584 - Federal Civil Penalties Inflation Adjustment of 2015
      GPO FDSys XML | Text
      DEPARTMENT OF TRANSPORTATION, Federal Motor Carrier Safety Administration
      Final rule.
      This rule is effective April 24, 2017.
      49 CFR Part 386
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