Overview
Federal Regulations
All
Driver
Vehicle
Company
FMCSA Hazmat
Regulatory Guidance
Rulemakings and Notices
Final Rules
Interim Final Rules
Proposed Rules
Notices
Topics of Interest
Hours-of-Service (HOS) Summary
Distracted Driving
Hazardous Materials
Intermodal Equipment Providers (IEP)
New Entrant Safety Assurance
Medical Program
Medical Expert Panels
NAFTA Rules
Drug & Alcohol Testing
 
  
 

Motions.

Regulations current to Aug 30, 2012
         
Examples: Medical Form, 391.53, 391
 
Up All Regulations
Up Part 386
 
< 386.31 386.35 >
Subpart D - General rules and hearings

Code of Federal Regulationsยง 386.34Motions. (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]

 
 
Connect with us
FMCSA's Contact Us  FMCSA's Facebook page

Feedback | Privacy Policy | USA.gov | Freedom of Information Act (FOIA) | Accessibility | OIG Hotline | Web Policies and Important Links | Site Map | Plug-ins

Federal Motor Carrier Safety Administration
1200 New Jersey Avenue SE, Washington, DC 20590 • 1-800-832-5660 • TTY: 1-800-877-8339 • Field Office Contacts