[Code of Federal Regulations] [Title 49, Volume 5] [Revised as of October 1, 2005] From the U.S. Government Printing Office via GPO Access [CITE: 49CFR386.1] [Page 245-246] TITLE 49--TRANSPORTATION DEPARTMENT OF TRANSPORTATION PART 386_RULES OF PRACTICE FOR MOTOR CARRIER, BROKER, FREIGHT FORWARDER, AND HAZARDOUS MATERIALS PROCEEDINGS--Table of Contents Subpart A_Scope of Rules; Definitions Sec. 386.1 Scope of rules in this part. Subpart A_Scope of Rules; Definitions Sec. 386.1 Scope of 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. Subpart B_Commencement of Proceedings, Pleadings 386.11 Commencement of proceedings. 386.12 Complaint. 386.13 Petitions to review and request for hearing: Driver qualification proceedings. 386.14 Replies and request for hearing: Civil forfeiture proceedings. 386.15 [Reserved] 386.16 Action on petitions or replies. 386.17 Intervention. 386.18 Payment of the claim. Subpart C_Compliance and Consent Orders 386.21 Compliance order. 386.22 Consent order. 386.23 Content of consent order. Subpart D_General Rules and Hearings 386.31 Service. 386.32 Computation of time. 386.33 Extension of time. 386.34 Official notice. 386.35 Motions. 386.36 Motions to dismiss and motions for a more definite statement. 386.37 Discovery methods. 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. [[Page 246]] 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. 386.50 Appearances and rights of witnesses. 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. Subpart E_Decision 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 Appeal. Subpart F_Injunctions and Imminent Hazards 386.71 Injunctions. 386.72 Imminent hazard. Subpart G_Penalties 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. Appendix A to Part 386--Penalty Schedule; Violations of Notices and Orders Appendix B to Part 386--Penalty Schedule; Violations and Maximum Monetary Penalties Authority: 49 U.S.C. 113, chapters 5, 51, 59, 131-141, 145-149, 311, 313, and 315; sec. 206, Pub. L. 106-159, 113 Stat. 1763; and 49 CFR 1.45 and 1.73. Source: 50 FR 40306, Oct. 2, 1985, unless otherwise noted. Editorial Note: Nomenclature changes to part 386 appear at 65 FR 7755, Feb. 16, 2000, and 66 FR 49873, Oct. 1, 2001. Effective Date Note: At 70 FR 28478, May 18, 2005, the heading to subpart A was revised, effective November 14, 2005. For the convenience of the user, the revised text is set forth as follows: Subpart A_Scope of Rules; Definitions and General Provisions 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 (49 CFR parts 350-399), including the commercial regulations (49 CFR parts 360-379) and the Hazardous Materials Regulations (49 CFR parts 171-180). The purpose of the proceedings is to enable the Assistant Administrator to determine whether a motor carrier, property broker, freight forwarder, or its agents, employees, or any other person subject to the jurisdiction of the FMCSA, has failed to comply with the provisions or requirements of applicable statutes and the corresponding regulations and, if such violations are found, to issue an appropriate order to compel compliance with the statute or regulation, assess a civil penalty, or both. [65 FR 78427, Dec. 15, 2000]