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Title 46 Part 502

Title 46 → Chapter IV → Subchapter A → Part 502

Electronic Code of Federal Regulations e-CFR

Title 46 Part 502

Title 46Chapter IVSubchapter APart 502


TITLE 46—Shipping

CHAPTER IV—FEDERAL MARITIME COMMISSION

SUBCHAPTER A—GENERAL AND ADMINISTRATIVE PROVISIONS

PART 502—RULES OF PRACTICE AND PROCEDURE

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Subpart A—GENERAL INFORMATION

§502.1
Scope of rules in this part.
§502.2
Filing of documents.
§502.3
Compliance with rules or orders of Commission.
§502.4
Authentication of rules or orders of Commission.
§502.5
Documents containing confidential materials.
§502.6
Verification of documents.
§502.7
Documents in foreign languages.
§502.8
Denial of applications and notice thereof.
§502.9
Suspension, amendment, etc., of rules in this part.
§502.10
Waiver of rules in this part.
§502.11
Ex parte communications.
§502.12
Applicability of Federal Rules of Civil Procedure.
§502.13
Privacy protection for filings made with the Commission.
§502.14
Public hearings.
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Subpart B—APPEARANCE AND PRACTICE BEFORE THE COMMISSION

§502.21
Appearance.
§502.22
Authority for representation.
§502.23
Notice of appearance; substitution and withdrawal of representative.
§502.24
Practice before the Commission defined.
§502.25
Presiding officer.
§502.26
Attorneys at law.
§502.27
Persons not attorneys at law.
§§502.29-502.30
[Reserved]
§502.31
Statement of interest.
§502.32
Former employees.
Appendix
Exhibit No. 1 to Subpart B [§§502.23, 502.26, 502.27] of Part 502—Notice of Appearance
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Subpart C—PARTIES

§502.41
Parties; how designated.
§502.42
Bureau of Enforcement.
§502.43
Substitution of parties.
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Subpart D—RULEMAKING

§502.51
Initiation of procedure to issue, amend, or repeal a rule.
§502.52
Notice of proposed rulemaking.
§502.53
Participation in rulemaking.
§502.54
Contents of rules.
§502.55
Effective date of rules.
§502.56
Negotiated rulemaking.
§502.57
Service by parties of pleadings and other documents.
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Subpart E—PRIVATE COMPLAINTS AND COMMISSION INVESTIGATIONS

§502.61
Proceedings.
§502.62
Private party complaints for formal adjudication.
§502.63
Commission enforcement action.
§502.64
Alternative dispute resolution.
§502.65
Decision on default.
§502.66
Amendments or supplements to pleadings.
§502.67
Motion for more definite statement.
§502.68
Motion for leave to intervene.
§502.69
Motions.
§502.70
Procedure for dispositive motions.
§502.71
Procedure for non-dispositive motions.
§502.72
Dismissals.
§502.73
Brief of an amicus curiae.
§502.74
Consolidation of proceedings.
§502.75
Opportunity for informal settlement.
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Subpart F—PETITIONS, EXEMPTIONS, AND ORDERS TO SHOW CAUSE

§502.91
Order to show cause.
§502.92
Exemption procedures—general.
§502.93
Declaratory orders and fee.
§502.94
Petitions—general and fee.
§502.95
Proceedings involving assessment agreements.
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Subpart G—TIME

§502.101
Computation.
§502.102
Enlargement or reduction of time to file documents.
§502.103
[Reserved]
§502.104
Postponement of hearing.
§502.105
Waiver of rules governing enlargement of time and postponement of hearings.
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Subpart H—SERVICE OF DOCUMENTS

§§502.111-502.112
[Reserved]
§502.113
Service of private party complaints.
§502.114
Serving documents in Commission proceedings.
§502.115
Service in rulemaking and petition proceedings.
§502.116
Date of service.
§502.117
Certificate of service.
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Subpart I—SUBPOENAS

§502.131
Requests; issuance.
§502.132
Motions to quash or modify.
§502.133
Attendance and mileage fees.
§502.134
Service of subpoenas.
§502.135
Subpoena of Commission staff personnel, documents or things.
§502.136
Enforcement.
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Subpart J—DISCLOSURES AND DISCOVERY

§502.141
Duty to disclose; general provisions governing discovery.
§502.142
Persons before whom depositions may be taken.
§502.143
Depositions by oral examination.
§502.144
Depositions by written questions.
§502.145
Interrogatories to parties.
§502.146
Producing documents, electronically stored information, and tangible things, or entering onto land, for inspection and other purposes.
§502.147
Requests for admission.
§502.148
Use of discovery procedures directed to Commission staff personnel.
§502.149
Use of depositions at hearings.
§502.150
Motions to compel initial disclosures or compliance with discovery requests; failure to comply with order to make disclosure or answer or produce documents; sanctions; enforcement.
§§502.151-502.169
[Reserved]
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Subpart K—[RESERVED]

§§502.181-502.187
[Reserved]
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Subpart L—PRESENTATION OF EVIDENCE

§502.201
Applicability and scope.
§502.202
Right of parties to present evidence.
§502.203
Burden of proof.
§502.204
Evidence admissible.
§502.205
Records in other proceedings.
§502.206
Documents incorporated into the record by reference.
§502.207
Stipulations.
§502.208
Objection to public disclosure of information.
§502.209
Prehearing conference.
§502.210
Prehearing statements.
§502.211
Notice of time and place of oral hearing; postponement of hearing.
§502.212
Exceptions to rulings of presiding officer unnecessary.
§502.213
Official transcript.
§502.214
Briefs; requests for findings.
§502.215
Requests for enlargement of time for filing briefs.
§502.216
Supplementing the record.
§502.217
Record of decision.
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Subpart M—DECISIONS; APPEALS; EXCEPTIONS

§502.221
Appeal from ruling of presiding officer other than orders of dismissal in whole or in part.
§502.222
[Reserved]
§502.223
Decisions—Administrative law judges.
§502.224
Separation of functions.
§502.225
Decisions—Commission.
§502.226
Decision based on official notice; public documents.
§502.227
Exceptions to decisions or orders of dismissal of administrative law judge; replies thereto; review of decisions or orders of dismissal by Commission; and judicial review.
§502.228
Request for enlargement of time to file exceptions and replies to exceptions.
§502.229
Certification of record by presiding or other officer.
§502.230
Reopening by Commission.
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Subpart N—ORAL ARGUMENT; SUBMISSION FOR FINAL DECISION

§502.241
Oral argument.
§502.242
Submission to Commission for final decision.
§502.243
Participation of absent Commissioner.
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Subpart O—REPARATION; ATTORNEY FEES

§502.251
Proof on award of reparation.
§502.252
Reparation statements.
§502.253
Interest in reparation proceedings.
§502.254
Attorney fees in complaint proceedings.
Appendix
Exhibit No. 1 to Subpart O [§502.252] of Part 502—Reparation Statement To Be Filed Pursuant to Rule 252
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Subpart P—RECONSIDERATION OF PROCEEDINGS

§502.261
Petitions for reconsideration and stay.
§502.262
Reply to petition for reconsideration or stay.
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Subpart Q—REFUND OR WAIVER OF FREIGHT CHARGES

§502.271
Special docket application for permission to refund or waive freight charges.
Appendix
Exhibit No. 1 to Subpart Q [§502.271(d)] of Part 502—Application for Refund or Waiver of Freight Charges Due to Tariff or Quoting Error
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Subpart R—NONADJUDICATORY INVESTIGATIONS

§502.281
Investigational policy.
§502.282
Initiation of investigations.
§502.283
Order of investigation.
§502.284
By whom conducted.
§502.285
Investigational hearings.
§502.286
Compulsory process.
§502.287
Depositions.
§502.288
Reports.
§502.289
Noncompliance with investigational process.
§502.290
Rights of witness.
§502.291
Nonpublic proceedings.
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Subpart S—INFORMAL PROCEDURE FOR ADJUDICATION OF SMALL CLAIMS

§502.301
Statement of policy.
§502.302
Limitations of actions.
§502.303
[Reserved]
§502.304
Procedure and filing fee.
§502.305
Applicability of other rules of this part.
Appendix
Exhibit No. 1 to Subpart S [§502.304(a)] of Part 502—Small Claim Form for Informal Adjudication and Information Checklist
Appendix
Exhibit No. 2 to Subpart S [§502.304(e)] of Part 502—Respondent's Consent Form for Informal Adjudication
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Subpart T—FORMAL PROCEDURE FOR ADJUDICATION OF SMALL CLAIMS

§502.311
Applicability.
§502.312
Answer to complaint.
§502.313
Reply of complainant.
§502.314
Additional information.
§502.315
Request for oral hearing.
§502.316
Intervention.
§502.317
Oral argument.
§502.318
Decision.
§502.319
Date of service and computation of time.
§502.320
Service.
§502.321
Applicability of other rules of this part.
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Subpart U—ALTERNATIVE DISPUTE RESOLUTION

§502.401
Policy.
§502.402
Definitions.
§502.403
General authority.
§502.404
Neutrals.
§502.405
Confidentiality.
§502.406
Arbitration.
§502.407
Authority of the arbitrator.
§502.408
Conduct of arbitration proceedings.
§502.409
Arbitration awards.
§502.410
Representation of parties.
§502.411
Mediation and other alternative means of dispute resolution.
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Subpart V—IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN COMMISSION PROCEEDINGS

§502.501
General provisions.
§502.502
Information required from applicants.
§502.503
Procedures for considering petitions.
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Subpart W—COMPROMISE, ASSESSMENT, MITIGATION, SETTLEMENT, AND COLLECTION OF CIVIL PENALTIES

§502.601
Purpose and scope.
§502.602
Definitions.
§502.603
Assessment of civil penalties: Procedure; criteria for determining amount; limitations; relation to compromise.
§502.604
Compromise of penalties: Relation to assessment proceedings.
§502.605
Payment of penalty: Method; default.
Appendix
Appendix A to Subpart W of Part 502—Example of Compromise Agreement To Be Used Under 46 CFR 502.604
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Subpart X—PAPERWORK REDUCTION ACT

§502.991
OMB control numbers assigned pursuant to the Paperwork Reduction Act.