[Code of Federal Regulations]
[Title 49, Volume 5]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR386.1]

[Page 256-257]
 
                        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 and General Provisions
 
Sec.  386.1  Scope of rules in this part.




      Subpart A_Scope of Rules; Definitions and General Provisions

Sec.  
386.1 Scope of rules in this part.
386.2 Definitions.
386.3 Separation of functions.
386.4 Appearances and rights of parties.
386.5 Form of filings and extensions of time.
386.6 Service.
386.7 Filing of documents.
386.8 Computation of time.

            Subpart B_Commencement of Proceedings, Pleadings

386.11 Commencement of proceedings.
386.12 Complaint.
386.13 Petitions to review and request for hearing: Driver qualification 
          proceedings.
386.14 Reply.
386.15 [Reserved]
386.16 Action on replies to the Notice of Claim.
386.17 Intervention.
386.18 Payment of the claim.

                     Subpart C_Settlement Agreements

386.22 Settlement agreements and their contents.

                  Subpart D_General Rules and Hearings

386.31 Official notice.
386.34 Motions.
386.35 Motions to dismiss and motions for a more definite statement.
386.36 Motions for final agency order.
386.37 Discovery.
386.38 Scope of discovery.
386.39 Protective orders.
386.40 Supplementation of responses.
386.41 Stipulations regarding discovery.
386.42 Written interrogatories to parties.
386.43 Production of documents and other evidence; entry upon land for 
          inspection and other purposes; and physical and mental 
          examination.
386.44 Request for admissions.
386.45 Motion to compel discovery.
386.46 Depositions.
386.47 Use of deposition at hearings.
386.48 Medical records and physicians' reports.
386.49 Form of written evidence.
386.51 Amendment and withdrawal of pleadings.
386.52 Appeals from interlocutory rulings.
386.53 Subpoenas, witness fees.
386.54 Administrative law judge.
386.55 Prehearing conferences.
386.56 Hearings.
386.57 Proposed findings of fact, conclusions of law.
386.58 Burden of proof.

                           Subpart E_Decision

386.61 Decision.
386.62 Review of administrative law judge's decision.
386.63 Decision on review.
386.64 Reconsideration.
386.65 Failure to comply with final order.
386.66 Motions for rehearing or for modification.
386.67 Judicial review.

               Subpart F_Injunctions and Imminent Hazards

386.71 Injunctions.
386.72 Imminent hazard.

                           Subpart G_Penalties

386.81 General.
386.82 Civil penalties for violations of notices and orders.
386.83 Sanction for failure to pay civil penalties or abide by payment 
          plan; operation in interstate commerce prohibited.
386.84 Sanction for failure to pay civil penalties or abide by payment 
          plan; suspension or revocation of registration.

Appendix A to Part 386--Penalty Schedule; Violations of Notices and 
          Orders
Appendix B to Part 386--Penalty Schedule; Violations and Maximum 
          Monetary Penalties

    Authority: 49 U.S.C. 521, 5123, 13301, 13902, 14915, 31132-31133, 
31136, 31144, 31502, 31504; Sec.  204, Pub. L. 104-88, 109 Stat. 803, 941 
(49 U.S.C. 701 note); Sec.  217, Pub. L. 105-159, 113 Stat. 1748, 1767; 
and 49 CFR 1.73.

    Source: 50 FR 40306, Oct. 2, 1985, unless otherwise noted.

    Editorial Note: Nomenclature changes to part 386 appear at 65 FR 
7755, Feb. 16, 2000, and 66 FR 49873, Oct. 1, 2001.

[[Page 257]]



    The rules in this part govern proceedings before the Assistant 
Administrator, who also acts as the Chief Safety Officer of the Federal 
Motor Carrier Safety Administration (FMCSA), under applicable provisions 
of the Federal Motor Carrier Safety Regulations (49 CFR parts 350-399), 
including the commercial regulations (49 CFR parts 360-379) and the 
Hazardous Materials Regulations (49 CFR parts 171-180). The purpose of 
the proceedings is to enable the Assistant Administrator to determine 
whether a motor carrier, property broker, freight forwarder, or its 
agents, employees, or any other person subject to the jurisdiction of 
the FMCSA, has failed to comply with the provisions or requirements of 
applicable statutes and the corresponding regulations and, if such 
violations are found, to issue an appropriate order to compel compliance 
with the statute or regulation, assess a civil penalty, or both.

[65 FR 78427, Dec. 15, 2000]