[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: 49CFR386.45]



[Page 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. 386.45  Motion to compel discovery.



    (a) If a deponent fails to answer a question propounded or a party 

upon whom a request is made pursuant to Sec. Sec. 386.42 through 

386.44, or a party upon whom interrogatories are served fails to respond 

adequately or objects to the request, or any part thereof, or fails to 

permit inspection as requested, the discovering party may move the 

Assistant Administrator or the administrative law judge, if one has been 

appointed, for an order compelling a response or inspection in 

accordance with the request.

    (b) The motion shall set forth:

    (1) The nature of the questions or request;

    (2) The response or objections of the party upon whom the request 

was served; and

    (3) Arguments in support of the motion.

    (c) For purposes of this section, an evasive answer or incomplete 

answer or response shall be treated as a failure to answer or respond.

    (d) In ruling on a motion made pursuant to this section, the 

Assistant Administrator or the administrative law judge, if one has been 

appointed, may make and enter a protective order such as he or she is 

authorized to enter on a motion made pursuant to Sec. 386.39(a).