[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: 49CFR389.27]



[Page 306]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 389_RULEMAKING PROCEDURES_FEDERAL MOTOR CARRIER SAFETY REGULATIONS

--Table of Contents

 

               Subpart B_Procedures for Adoption of Rules

 

Sec. 389.27  Hearings.



    (a) Sections 556 and 557 of title 5, United States Code, do not 

apply to hearings held under this part. Unless otherwise specified, 

hearings held under this part are informal, nonadversary, fact-finding 

procedures at which there are no formal pleadings or adverse parties. 

Any rule issued in a case in which an informal hearing is held is not 

necessarily based exclusively on the record of the hearing.

    (b) The Administrator designates a representative to conduct any 

hearing held under this part. The Chief Counsel of the Federal Motor 

Carrier Safety Administration designates a member of his/her staff to 

serve as legal officer at the hearing.



[35 FR 9209, June 12, 1970, as amended at 53 FR 2036, Jan. 26, 1988]