[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: 49CFR386.34]

[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.  386.34  Motions.

    (a) General. An application for an order or ruling not otherwise 
covered by these rules shall be by motion. All motions filed prior to 
the calling of the matter for a hearing shall be to the Assistant 
Administrator. All motions filed after the matter is called for hearing 
shall be to the administrative law judge.
    (b) Form. Unless made during hearing, motions shall be made in 
writing, shall state with particularity the grounds for relief sought, 
and shall be accompanied by affidavits or other evidence relied upon.
    (c) Answers. Except when a motion is filed during a hearing, any 
party may file an answer in support or opposition to a motion, 
accompanied by affidavits or other evidence relied upon. Such answers 
shall be served within 20 days after the motion is served or within such 
other time as the Assistant Administrator or administrative law judge 
may set.
    (d) Argument. Oral argument or briefs on a motion may be ordered by 
the Assistant Administrator or the administrative law judge.
    (e) Disposition. Motions may be ruled on immediately or at any other 
time specified by the administrative law judge or the Assistant 
Administrator.
    (f) Suspension of time. The pendency of a motion shall not affect 
any time limits set in these rules unless expressly ordered by the 
Assistant Administrator or administrative law judge.

[50 FR 40306, Oct. 2, 1985. Redesignated and amended at 70 FR 28483, May 
18, 2005]