[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: 49CFR386.36]



[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. 386.36  Motions to dismiss and motions for a more definite statement.



    (a) Motions to dismiss must be made within the time set for reply or 

petition to review, except motions to dismiss for lack of jurisdiction, 

which may be made at any time.

    (b) Motions for a more definite statement may be made in lieu of a 

reply. The motion must point out the defects complained of and the 

details desired. If the motion is granted, the pleading complained of 

must be remedied within 15 days of the granting of the motion or it will 

be stricken. If the motion is denied, the party who requested the more 

definite statement must file his/her pleading within 10 days after the 

denial.



    Effective Date Note: At 70 FR 28483, May 18, 2005, Sec. 386.36 was 

Redesignated as Sec. 386.35 and a new Sec. 386.36 was added, effective 

November 14, 2005. For the convenience of the user the added text is set 

forth as follows:



Sec. 386.36  Motions for final agency order.



    (a) Generally. Unless otherwise provided in this section, the motion 

and answer will be governed by Sec. 386.34. Either party may file a 

motion for final order. The motion must be served in accordance with 

Sec. Sec. 386.6 and 386.7. If the matter is still pending before the 

service center, upon filing, the matter is officially transferred from 

the service center to the Agency decisionmaker, who will then preside 

over the matter.

    (b) Form and content.

    (1) Movant's filing must contain a motion and memorandum of law, 

which may be separate or combined and must include all responsive 

pleadings, notices, and other filings in the case to date.

    (2) The motion for final order must be accompanied by written 

evidence in accordance with Sec. 386.49.

    (3) The motion will state with particularity the grounds upon which 

it is based and the substantial matters of law to be argued. A Final 

Agency Order may be issued if, after reviewing the record in a light 

most favorable to the non-moving party, the Agency decisionmaker 

determines no genuine issue exists as to any material fact.

    (c) Answer to Motion. The non-moving party will, within 45 days of 

service of the motion for final order, submit and serve a response to 

rebut movant's motion.



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