Part 386 — Rules of Practice for FMCSA Proceedings
Current through Sep 25, 2026
Authority: 28 U.S.C. 2461 note; 49 U.S.C. 113, 1301 note, 31306a; 49 U.S.C. chapters 5, 51, 131-141, 145-149, 311, 313, and 315; and 49 CFR 1.81, 1.87.
Source: 50 FR 40306, Oct. 2, 1985, unless otherwise noted.
Editorial Note: Nomenclature changes to part 386 appear at 65 FR 7755, Feb. 16, 2000, and 88 FR 80182, Nov. 17, 2023.
Sections
- § 386.1 Scope of the rules in this part.
- § 386.2 Definitions.
- § 386.3 Separation of functions.
- § 386.4 Appearances and rights of parties.
- § 386.5 Form of filings and extensions of time.
- § 386.6 Service.
- § 386.7 Filing of documents.
- § 386.8 Computation of time.
- § 386.11 Commencement of proceedings.
- § 386.12 Complaints.
- § 386.13 Petitions to review and request for hearing: Driver qualification proceedings.
- § 386.14 Reply.
- § 386.15 [Reserved]
- § 386.16 Action on replies to the Notice of Claim.
- § 386.17 Intervention.
- § 386.18 Payment of the claim.
- § 386.22 Settlement agreements and their contents.
- § 386.30 Enforcement proceedings under part 395.
- § 386.31 Official notice.
- § 386.34 Motions.
- § 386.35 Motions to dismiss and motions for a more definite statement.
- § 386.36 Motions for Final Order.
- § 386.37 Discovery.
- § 386.38 Scope of discovery.
- § 386.39 Protective orders.
- § 386.40 Supplementation of responses.
- § 386.41 Stipulations regarding discovery.
- § 386.42 Written interrogatories to parties.
- § 386.43 Production of documents and other evidence; entry upon land for inspection and other purposes; and physical and mental examination.
- § 386.44 Request for admissions.
- § 386.45 Motion to compel discovery.
- § 386.46 Depositions.
- § 386.47 Use of deposition at hearings.
- § 386.48 Medical records and physicians' reports.
- § 386.49 Form of written evidence.
- § 386.51 Amendment and withdrawal of pleadings.
- § 386.52 Appeals from interlocutory rulings.
- § 386.53 Subpoenas, witness fees.
- § 386.54 Administrative Law Judge.
- § 386.55 Prehearing conferences.
- § 386.56 Hearings.
- § 386.57 Proposed findings of fact, conclusions of law.
- § 386.58 Burden of proof.
- § 386.61 Decision.
- § 386.62 Review of administrative law judge's decision.
- § 386.63 Decision on review.
- § 386.64 Reconsideration.
- § 386.65 Failure to comply with final order.
- § 386.66 Motions for rehearing or for modification.
- § 386.67 Judicial review.
- § 386.71 Injunctions.
- § 386.72 Imminent hazard.
- § 386.73 Operations out of service and record consolidation proceedings (reincarnated carriers).
- § 386.81 General.
- § 386.82 Civil penalties for violations of notices and orders.
- § 386.83 Sanction for failure to pay civil penalties or abide by payment plan; operation in interstate commerce prohibited.
- § 386.84 Sanction for failure to pay civil penalties or abide by payment plan; suspension or revocation of registration.
- Appendix A to Part 386—Penalty Schedule: Violations of Notices and Orders
- Appendix B to Part 386—Penalty Schedule: Violations and Monetary Penalties