[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: 49CFR386.35]



[Page 261]

 

                        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 D_General Rules and Hearings

 

Sec. 386.35  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 7 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.



    Effective Date Note: At 70 FR 28483, May 18, 2005, Sec. 386.35 was 

Redesignated as Sec. 386.34, and the new Sec. 386.34 was amended in 

paragraph (c) by removing the number ``7'' and adding, in its place, the 

number ``20,'' effective November 14, 2005.