[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: 49CFR386.44]



[Page 264-265]

 

                        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. 386.44  Request for admissions.



    (a) Request for admission. (1) Any party may serve upon any other 

party a request for admission of any relevant matter or the authenticity 

of any relevant document. Copies of any document about which an 

admission is requested must accompany the request.

    (2) Each matter for which an admission is requested shall be 

separately set forth and numbered. The matter is admitted unless within 

15 days after service of the request, the party to whom the request is 

directed serves upon the party requesting the admission a written answer 

signed by the party or his/her attorney.

    (3) Each answer must specify whether the party admits or denies the 

matter. If the matter cannot be admitted or denied, the party shall set 

out in detail the reasons.



[[Page 265]]



    (4) A party may not issue a denial or fail to answer on the ground 

that he/she lacks knowledge unless he/she has made reasonable inquiry to 

ascertain information sufficient to allow him/her to admit or deny.

    (5) A party may file an objection to a request for admission within 

10 days after service. Such motion shall be filed with the 

administrative law judge if one has been appointed, otherwise it shall 

be filed with the Assistant Administrator. An objection must explain in 

detail the reasons the party should not answer. A reply to the objection 

may be served by the party requesting the admission within 10 days after 

service of the objection. It is not sufficient ground for objection to 

claim that the matter about which an admission is requested presents an 

issue of fact for hearing.

    (b) Effect of admission. Any matter admitted is conclusively 

established unless the Assistant Administrator or administrative law 

judge permits withdrawal or amendment. Any admission under this rule is 

for the purpose of the pending action only and may not be used in any 

other proceeding.

    (c) If a party refuses to admit a matter or the authenticity of a 

document which is later proved, the party requesting the admission may 

move for an award of expenses incurred in making the proof. Such a 

motion shall be granted unless there was a good reason for failure to 

admit.