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Title 49 Part 386 → Subpart D → §386.34

Title 49 → Subtitle B → Chapter III → Subchapter B → Part 386 → Subpart D → §386.34

Electronic Code of Federal Regulations e-CFR

Title 49 Part 386 → Subpart D → §386.34

e-CFR data is current as of December 5, 2019

Title 49Subtitle BChapter IIISubchapter BPart 386Subpart D → §386.34


Title 49: Transportation
PART 386—RULES OF PRACTICE FOR FMCSA PROCEEDINGS
Subpart D—General Rules and Hearings


§386.34   Motions.

(a) General. An application for an order or ruling not otherwise covered by these rules shall be by motion. All motions filed prior to the calling of the matter for a hearing shall be to the Assistant Administrator. All motions filed after the matter is called for hearing shall be to the administrative law judge.

(b) Form. Unless made during hearing, motions shall be made in writing, shall state with particularity the grounds for relief sought, and shall be accompanied by affidavits or other evidence relied upon.

(c) Answers. Except when a motion is filed during a hearing, any party may file an answer in support or opposition to a motion, accompanied by affidavits or other evidence relied upon. Such answers shall be served within 20 days after the motion is served or within such other time as the Assistant Administrator or administrative law judge may set.

(d) Argument. Oral argument or briefs on a motion may be ordered by the Assistant Administrator or the administrative law judge.

(e) Disposition. Motions may be ruled on immediately or at any other time specified by the administrative law judge or the Assistant Administrator.

(f) Suspension of time. The pendency of a motion shall not affect any time limits set in these rules unless expressly ordered by the Assistant Administrator or administrative law judge.

[50 FR 40306, Oct. 2, 1985. Redesignated and amended at 70 FR 28483, May 18, 2005]


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