[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: 49CFR386.51]

[Page 273]
 
                        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.  386.51  Amendment and withdrawal of pleadings.

    (a) Except in instances covered by other rules, anytime more than 15 
days prior to the hearing, a party may amend his/her pleadings by 
serving the amended pleading on the Assistant Administrator or the 
administrative law judge, if one has been appointed, and on all parties. 
Within 15 days prior to the hearing, an amendment shall be allowed only 
at the discretion of the Administrative law judge. When an amended 
pleading is filed, other parties may file a response and objection 
within 10 days.
    (b) A party may withdraw his/her pleading any time more than 15 days 
prior to the hearing by serving a notice of withdrawal on the Assistant 
Administrator or the Administrative Law Judge. Within 15 days prior to 
the hearing a withdrawal may be made only at the discretion of the 
Assistant Administrator or the Administrative Law Judge. The withdrawal 
will be granted absent a finding that the withdrawal will result in 
injustice, prejudice, or irreparable harm to the non-moving party, or is 
otherwise contrary to the public interest.

[50 FR 40306, Oct. 2, 1985, as amended at 70 FR 28484, May 18, 2005]