[Code of Federal Regulations] [Title 49, Volume 5] [Revised as of October 1, 2005] From the U.S. Government Printing Office via GPO Access [CITE: 49CFR386.31] [Page 260] 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. 386.31 Service. (a) All service required by these rules shall be by mail or by personal delivery. Service by mail is complete upon mailing. (b) A certificate of service shall accompany all pleadings, motions, and documents when they are tendered for filing, and shall consist of a certificate of personal delivery or a certificate of mailing, executed by the person making the personal delivery or mailing the document. The first pleading of the Government in a proceeding initiated under this part shall have attached to it a service list of persons to be served. This list shall be updated as necessary. (c) Copies of all pleadings, motions, and documents must be served on the docket clerk and upon all parties to the proceedings by the person filing them, in the number of copies indicated on the Government's initial service list. Effective Date Note: At 70 FR 28483, May 18, 2005, Sec. 386.31 was revised, effective November 14, 2005. For the convenience of the user, the revised text is set forth as follows: Sec. 386.31 Official notice. Upon notification to all parties, the Assistant Administrator or Administrative Law Judge may take official notice of any fact or document not appearing in evidence in the record. Any party objecting to the official notice must file an objection within 10 days after service of the notice. If a Final Agency Order has been issued, and the decision rests on a material and disputable fact of which the Agency decisionmaker has taken official notice, a party may challenge the action of official notice in accordance with Sec. 386.64 of this part.