[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: 49CFR386.42]

[Page 269-270]
 
                        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.  386.42  Written interrogatories to parties.

    (a) Without leave, any party may serve upon any other party written 
interrogatories to be answered by the party to whom the interrogatories 
are directed; or, if that party is a public or private corporation or 
partnership or association or governmental agency, by any officer or 
agent, who will furnish the information available to that party.
    (b) The maximum number of interrogatories served will not exceed 30, 
including all subparts, unless the Assistant Administrator or 
Administrative Law Judge permits a larger number on motion and for good 
cause shown. Other interrogatories may be added without leave, so long 
as the total number of approved and additional interrogatories does not 
exceed 30.
    (c) Each interrogatory shall be answered separately and fully in 
writing under oath unless it is objected to, in which event the grounds 
for objection shall be stated and signed by the party, or counsel for 
the party, if represented, making the response. The party to whom the 
interrogatories are directed shall serve the answers and any objections 
within 30 days after the service of the interrogatories, or within such 
shortened or longer period as the Assistant Administrator or the 
Administrative Law Judge may allow.
    (d) Motions to compel may be made in accordance with Sec.  386.45.
    (e) A notice of discovery must be served on the Assistant 
Administrator or, in cases that have been referred to the Office of 
Hearings, on the Administrative Law Judge. A copy of the 
interrogatories, answers, and all related pleadings must be served on 
all parties to the proceeding.
    (f) An interrogatory otherwise proper is not necessarily 
objectionable merely because an answer to the interrogatory involves an 
opinion or contention that relates to fact or the application of law to 
fact, but the Assistant Administrator or Administrative Law Judge

[[Page 270]]

may order that such an interrogatory need not be answered until after 
designated discovery has been completed or until a prehearing conference 
or other later time.

[70 FR 28483, May 18, 2005]