[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: 49CFR386.36]

[Page 267-268]
 
                        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.  386.36  Motions for final agency order.

    (a) Generally. Unless otherwise provided in this section, the motion 
and answer will be governed by Sec.  386.34. Either party may file a 
motion for final order. The motion must be served in accordance with 
Sec.  Sec.  386.6 and 386.7. If the matter is still pending before the 
service center, upon filing, the matter is officially transferred from 
the service center to the Agency decisionmaker, who will then preside 
over the matter.

[[Page 268]]

    (b) Form and content. (1) Movant's filing must contain a motion and 
memorandum of law, which may be separate or combined and must include 
all responsive pleadings, notices, and other filings in the case to 
date.
    (2) The motion for final order must be accompanied by written 
evidence in accordance with Sec.  386.49.
    (3) The motion will state with particularity the grounds upon which 
it is based and the substantial matters of law to be argued. A Final 
Agency Order may be issued if, after reviewing the record in a light 
most favorable to the non-moving party, the Agency decisionmaker 
determines no genuine issue exists as to any material fact.
    (c) Answer to Motion. The non-moving party will, within 45 days of 
service of the motion for final order, submit and serve a response to 
rebut movant's motion.

[70 FR 28483, May 18, 2005]