[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: 49CFR386.31]

[Page 267]
 
                        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.  386.31  Official notice.


    Upon notification to all parties, the Assistant Administrator or 
Administrative Law Judge may take official notice of any fact or 
document not appearing in evidence in the record. Any party objecting to 
the official notice must file an objection within 10 days after service 
of the notice. If a Final Agency Order has been issued, and the decision 
rests on a material and disputable fact of which the Agency 
decisionmaker has taken official notice, a party may challenge the 
action of official notice in accordance with Sec.  386.64 of this part.

[70 FR 28483, May 18, 2005]