[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: 49CFR386.5]



[Page 249-250]

 

                        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 A_Scope of Rules; Definitions

 

Sec. 386.5  Form of filings and extensions of time.



    Effective Date Note: At 70 FR 28479, May 18, 2005, Sec. Sec. 386.5 

was added, effective November 14, 2005.

    (a) Form. Each document must be typewritten or legibly handwritten.

    (b) Contents. Unless otherwise specified in this part, each document 

must contain a short, plain statement of the facts on which the person's 

case rests and a brief statement of the action requested in the 

document. Except by prior order, all contents will be made publicly 

available.

    (c) Length. Except for the Notice of Claim and reply, motions, 

briefs, and other filings may not exceed 20 pages except as permitted by 

Order following a motion to exceed the page limitation based upon good 

cause shown. Exhibits or attachments in support of the relevant filing 

are not included in the page limit.

    (d) Paper and margins. Filed documents must be printed on 8\1/

2\[sec] by 11[sec]



[[Page 250]]



paper with a one-inch margin on all four sides of text, to include 

pagination and footnotes.

    (e) Spacing, and font size for typewritten documents. Typewritten 

documents will use the following line format: single-spacing for the 

caption and footnotes, and double-spacing for the main text. All printed 

matter must appear in at least 12-point font, including footnotes.

    (f) Extensions of time. Only those requests showing good cause will 

be granted. No motion for continuance or postponement of a hearing date 

filed within 15 days of the date set for a hearing will be granted 

unless accompanied by an affidavit showing extraordinary circumstances 

warrant a continuance. Unless directed otherwise by the Agency 

decisionmaker before whom a matter is pending, the parties may stipulate 

to reasonable extensions of time by filing the stipulation in the 

official docket and serving copies on all parties on the certificate of 

service. Motions for extensions of time must be filed in accordance with 

Sec. 386.6 and served in accordance with Sec. 386.7. A copy must also 

be served upon the person presiding over the proceeding at the time of 

the filing.