[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: 49CFR386.37]



[Page 262]

 

                        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. 386.37  Discovery methods.



    Parties may obtain discovery by one or more of the following 

methods: Depositions upon oral examination or written questions; written 

interrogatories; production of documents or other evidence for 

inspection and other purposes; physical and mental examinations; and 

requests for admission. Unless the Assistant Administrator or, in cases 

that have been called for a hearing, the administrative law judge orders 

otherwise, the frequency or sequence of these methods is not limited.



    Effective Date Note: At 70 FR 28483, May 18, 2005, Sec. 386.37 was 

revised, effective November 14, 2005. For the convenience of the user, 

the revised text is set forth as follows:



Sec. 386.37  Discovery.



    (a) Parties may obtain discovery by one or more of the following 

methods: Depositions upon oral examination or written questions; written 

interrogatories; request for production of documents or other evidence 

for inspection and other purposes; physical and mental examinations; and 

requests for admission.

    (b) Discovery may not commence until the matter is pending before 

the Assistant Administrator or referred to the Office of Hearings.

    (c) Except as otherwise provided in these rules, in the 

Administrative Procedure Act, 5 U.S.C. 551 et seq., or by the Assistant 

Administrator or Administrative Law Judge, in the absence of specific 

Agency provisions or regulations, the Federal Rules of Civil Procedure 

may serve as guidance in administrative adjudications.