[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.