[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: 49CFR386.43]



[Page 264]

 

                        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. 386.43  Production of documents and other evidence; entry upon land 

for inspection and other purposes; and physical and mental examination.



    (a) Any party may serve on any other party a request to:

    (1) Produce and permit the party making the request, or a person 

acting on his or her behalf, to inspect and copy any designated 

documents, or to inspect and copy, test, or sample any tangible things 

which are in the possession, custody, or control of the party upon whom 

the request is served; or

    (2) Permit entry upon designated land or other property in the 

possession or control of the party upon whom the request is served for 

the purpose of inspection and measuring, photographing, testing, or for 

other purposes as stated in paragraph (a)(1) of this section.

    (3) Submit to a physical or mental examination by a physician.

    (b) The request may be served on any party without leave of the 

Assistant Administrator or administrative law judge.

    (c) The request shall:

    (1) Set forth the items to be inspected either by individual item or 

category;

    (2) Describe each item or category with reasonable particularity;

    (3) Specify a reasonable time, place, and manner of making the 

inspection and performing the related acts;

    (4) Specify the time, place, manner, conditions, and scope of the 

physical or mental examination and the person or persons by whom it is 

to be made. A report of examining physician shall be made in accordance 

with Rule 35(b) of the Federal Rules of Civil Procedure, title 28, U.S. 

Code, as amended.

    (d) The party upon whom the request is served shall serve on the 

party submitting the request a written response within 30 days after 

service of the request.

    (e) The response shall state, with respect to each item or category:

    (1) That inspection and related activities will be permitted as 

requested; or

    (2) That objection is made in whole or in part, in which case the 

reasons for objection shall be stated.

    (f) A copy of each request for production and each written response 

shall be served on all parties and filed with the Assistant 

Administrator or the administrative law judge, if one has been 

appointed.