[Code of Federal Regulations]

[Title 49, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR201.9]



[Page 11]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 201_FORMAL RULES OF PRACTICE FOR PASSENGER SERVICE--Table of Contents

 

Sec. 201.9  Direct testimony submitted as written documents.



    (a) Unless otherwise specified, all direct testimony, including 

accompanying exhibits, shall be submitted to the presiding officer in 

writing no later than the dates specified in the notice of the hearing, 

the final hearing agenda, or within 15 days after the conclusion of the 

prehearing conference, as the case may be. All direct testimony shall be 

in affidavit form, and exhibits constituting part of such testimony, 

referred to in the affidavit and made a part thereof, shall be attached 

to the affidavit. Direct testimony submitted with exhibits shall state 

the issue to which the exhibit relates; if no such statement is made, 

the presiding officer shall determine the relevance of the exhibit to 

the issues published in the Federal Register.

    (b) The direct testimony submitted shall contain:

    (1) A concise statement of the witness' interest in the proceeding 

and his position regarding the issues presented. If the direct testimony 

is presented by a witness who is not a party, the witness shall state 

his relationship to the party;

    (2) Facts that are relevant and material; and

    (3) Any proposed issues of fact not stated in the notice of the 

hearing and the reason(s) why such issues should be considered at the 

hearing.

    (c) Ten copies of all direct testimony shall be submitted unless the 

notice of the hearing specifies otherwise.

    (d) Upon receipt, direct testimony shall be assigned a number and 

stamped with that number and the docket number.

    (e) Contemporaneous with the publication of the notice of hearing, 

Amtrak's direct testimony in support of its application shall be 

available for public inspection as specified in the notice of hearing. 

Amtrak may submit additional direct testimony during the time periods 

allowed for submission of such testimony by witnesses.