[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: 49CFR386.45]

[Page 271]
 
                        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.  386.45  Motion to compel discovery.

    (a) If a deponent fails to answer a question propounded or a party 
upon whom a request is made pursuant to Sec.  Sec.  386.42 through 
386.44, or a party upon whom interrogatories are served fails to respond 
adequately or objects to the request, or any part thereof, or fails to 
permit inspection as requested, the discovering party may move the 
Assistant Administrator or the administrative law judge, if one has been 
appointed, for an order compelling a response or inspection in 
accordance with the request.
    (b) The motion shall set forth:
    (1) The nature of the questions or request;
    (2) The response or objections of the party upon whom the request 
was served; and
    (3) Arguments in support of the motion.
    (c) For purposes of this section, an evasive answer or incomplete 
answer or response shall be treated as a failure to answer or respond.
    (d) In ruling on a motion made pursuant to this section, the 
Assistant Administrator or the administrative law judge, if one has been 
appointed, may make and enter a protective order such as he or she is 
authorized to enter on a motion made pursuant to Sec.  386.39(a).