Code of Federal Regulations (Last Updated: October 10, 2024) |
Title 46 - Shipping |
Chapter IV - Federal Maritime Commission |
SubChapter A - General and Administrative Provisions |
Part 502 - Rules of Practice and Procedure |
Subpart A - General Information |
§ 502.1 - Scope of rules in this part. |
§ 502.2 - Filing of documents. |
§ 502.3 - Compliance with rules or orders of Commission. |
§ 502.4 - Authentication of rules or orders of Commission. |
§ 502.5 - Documents containing confidential materials. |
§ 502.6 - Verification of documents. |
§ 502.7 - Documents in foreign languages. |
§ 502.8 - Denial of applications and notice thereof. |
§ 502.9 - Suspension, amendment, etc., of rules in this part. |
§ 502.10 - Waiver of rules in this part. |
§ 502.11 - Ex parte communications. |
§ 502.12 - Applicability of Federal Rules of Civil Procedure. |
§ 502.13 - Privacy protection for filings made with the Commission. |
§ 502.14 - Public hearings. |
§§ 502.5--502.6 - [Reserved] |
Subpart B - Appearance and Practice Before the Commission |
§ 502.21 - Appearance. |
§ 502.22 - Authority for representation. |
§ 502.23 - Notice of appearance; substitution and withdrawal of representative. |
§ 502.24 - Practice before the Commission defined. |
§ 502.25 - Presiding officer. |
§ 502.26 - Attorneys at law. |
§ 502.27 - Persons not attorneys at law. |
§ 502.29 - Hearings. |
§ 502.30 - Suspension or disbarment. |
§ 502.31 - Statement of interest. |
§ 502.32 - Former employees. |
Exhibit No. 1 to Subpart B [§§ 502.23, 502.26, 502.27] of Part 502 - Notice of Appearance |
§§ 502.29--502.30 - [Reserved] |
Subpart C - Parties |
§ 502.41 - Parties; how designated. |
§ 502.42 - Bureau of Enforcement. |
§ 502.43 - Substitution of parties. |
§ 502.44 - Necessary and proper parties in certain complaint proceedings. |
Subpart D - Rulemaking |
§ 502.51 - Initiation of procedure to issue, amend, or repeal a rule. |
§ 502.52 - Notice of proposed rulemaking. |
§ 502.53 - Participation in rulemaking. |
§ 502.54 - Contents of rules. |
§ 502.55 - Effective date of rules. |
§ 502.56 - Negotiated rulemaking. |
§ 502.57 - Service by parties of pleadings and other documents. |
Subpart E - Private Complaints and Commission Investigations |
§ 502.61 - Proceedings. |
§ 502.62 - Private party complaints for formal adjudication. |
§ 502.63 - Commission enforcement action. |
§ 502.64 - Alternative dispute resolution. |
§ 502.65 - Decision on default. |
§ 502.66 - Amendments or supplements to pleadings. |
§ 502.67 - Motion for more definite statement. |
§ 502.68 - Motion for leave to intervene. |
§ 502.69 - Motions. |
§ 502.70 - Procedure for dispositive motions. |
§ 502.71 - Procedure for non-dispositive motions. |
§ 502.72 - Dismissals. |
§ 502.73 - Brief of an amicus curiae. |
§ 502.74 - Consolidation of proceedings. |
§ 502.75 - Opportunity for informal settlement. |
§ 502.76 - Petitions - general and fee. |
§ 502.77 - Proceedings involving assessment agreements. |
§ 502.78 - Brief of an amicus curiae. |
§ 502.79 - Consolidation of proceedings. |
Exhibit No. 1 to Subpart E [§ 502.62] of Part 502 - Complaint Form and Information Checklist |
Exhibit No. 2 to Subpart E [§ 502.64] of Part 502 - Answer to Complaint |
Exhibit No. 3 to Subpart E [§ 502.72] of Part 502 - Petition for Leave To Intervene |
Subpart F - Petitions, Exemptions, and Orders to Show Cause |
§ 502.91 - Order to show cause. |
§ 502.92 - Exemption procedures - general. |
§ 502.93 - Declaratory orders and fee. |
§ 502.94 - Petitions—general and fee. |
§ 502.95 - Proceedings involving assessment agreements. |
Exhibit No. 1 to Subpart F of Part 502 - [Reserved] |
Subpart G - Time |
§ 502.101 - Computation. |
§ 502.102 - Enlargement or reduction of time to file documents. |
§ 502.103 - [Reserved] |
§ 502.104 - Postponement of hearing. |
§ 502.105 - Waiver of rules governing enlargement of time and postponement of hearings. |
Subpart H - Service of Documents |
§ 502.111 - Form and appearance of documents filed with Commission. |
§ 502.112 - Verification of documents. |
§ 502.113 - Service of private party complaints. |
§ 502.114 - Serving documents in Commission proceedings. |
§ 502.115 - Service in rulemaking and petition proceedings. |
§ 502.116 - Date of service. |
§ 502.117 - Certificate of service. |
§ 502.118 - Copies of documents for use of the Commission. |
§ 502.119 - Documents containing confidential materials. |
§§ 502.111--502.112 - [Reserved] |
Subpart I - Subpoenas |
§ 502.131 - Requests; issuance. |
§ 502.132 - Motions to quash or modify. |
§ 502.133 - Attendance and mileage fees. |
§ 502.134 - Service of subpoenas. |
§ 502.135 - Subpoena of Commission staff personnel, documents or things. |
§ 502.136 - Enforcement. |
Subpart J - Disclosures and Discovery |
§ 502.141 - Duty to disclose; general provisions governing discovery. |
§ 502.142 - Persons before whom depositions may be taken. |
§ 502.143 - Depositions by oral examination. |
§ 502.144 - Depositions by written questions. |
§ 502.145 - Interrogatories to parties. |
§ 502.146 - Producing documents, electronically stored information, and tangible things, or entering onto land, for inspection and other purposes. |
§ 502.147 - Requests for admission. |
§ 502.148 - Use of discovery procedures directed to Commission staff personnel. |
§ 502.149 - Use of depositions at hearings. |
§ 502.150 - Motions to compel initial disclosures or compliance with discovery requests; failure to comply with order to make disclosure or answer or produce documents; sanctions; enforcement. |
§ 502.151 - Exceptions to rulings of presiding officer unnecessary. |
§ 502.152 - Offer of proof. |
§ 502.153 - Appeal from ruling of presiding officer other than orders of dismissal in whole or in part. |
§ 502.154 - Rights of parties as to presentation of evidence. |
§ 502.155 - Burden of proof. |
§ 502.156 - Evidence admissible. |
§ 502.157 - Written evidence. |
§ 502.158 - Documents containing matter not material. |
§ 502.159 - [Reserved] |
§ 502.160 - Records in other proceedings. |
§ 502.161 - Commission's files. |
§ 502.162 - Stipulations. |
§ 502.163 - Receipt of documents after hearing. |
§ 502.164 - Oral argument at hearings. |
§ 502.165 - Official transcript. |
§ 502.166 - Corrections of transcript. |
§ 502.167 - Objection to public disclosure of information. |
§ 502.168 - Copies of data or evidence. |
§ 502.169 - Record of decision. |
§§ 502.151--502.169 - [Reserved] |
§§ 502.145--502.149 - [Reserved] |
Subpart K - Shortened Procedure |
§ 502.181 - Selection of cases for shortened procedure; consent required. |
§ 502.182 - Complaint and memorandum of facts and arguments and filing fee. |
§ 502.183 - Respondent's answering memorandum. |
§ 502.184 - Complainant's memorandum in reply. |
§ 502.185 - Service of memoranda upon and by interveners. |
§ 502.186 - Contents of memoranda. |
§ 502.187 - Procedure after filing of memoranda. |
Subpart L - Presentation of Evidence |
§ 502.201 - Applicability and scope. |
§ 502.202 - Right of parties to present evidence. |
§ 502.203 - Burden of proof. |
§ 502.204 - Evidence admissible. |
§ 502.205 - Records in other proceedings. |
§ 502.206 - Documents incorporated into the record by reference. |
§ 502.207 - Stipulations. |
§ 502.208 - Objection to public disclosure of information. |
§ 502.209 - Prehearing conference. |
§ 502.210 - Prehearing statements. |
§ 502.211 - Notice of time and place of oral hearing; postponement of hearing. |
§ 502.212 - Exceptions to rulings of presiding officer unnecessary. |
§ 502.213 - Official transcript. |
§ 502.214 - Briefs; requests for findings. |
§ 502.215 - Requests for enlargement of time for filing briefs. |
§ 502.216 - Supplementing the record. |
§ 502.217 - Record of decision. |
Subpart M - Decisions; Appeals; Exceptions |
§ 502.221 - Appeal from ruling of presiding officer other than orders of dismissal in whole or in part. |
§ 502.222 - [Reserved] |
§ 502.223 - Decisions - Administrative law judges. |
§ 502.224 - Separation of functions. |
§ 502.225 - Decisions - Commission. |
§ 502.226 - Decision based on official notice; public documents. |
§ 502.227 - Exceptions to decisions or orders of dismissal of administrative law judge; replies thereto; review of decisions or orders of dismissal by Commission; and judicial review. |
§ 502.228 - Request for enlargement of time to file exceptions and replies to exceptions. |
§ 502.229 - Certification of record by presiding or other officer. |
§ 502.230 - Reopening by Commission. |
Subpart N - Oral Argument; Submission for Final Decision |
§ 502.241 - Oral argument. |
§ 502.242 - Submission to Commission for final decision. |
§ 502.243 - Participation of absent Commissioner. |
Subpart O - Reparation; Attorney Fees |
§ 502.251 - Proof on award of reparation. |
§ 502.252 - Reparation statements. |
§ 502.253 - Interest in reparation proceedings. |
§ 502.254 - Attorney fees in complaint proceedings. |
Exhibit No. 1 to Subpart O [§ 502.252] of Part 502 - Reparation Statement To Be Filed Pursuant to Rule 252 |
Subpart P - Reconsideration of Proceedings |
§ 502.261 - Petitions for reconsideration and stay. |
§ 502.262 - Reply to petition for reconsideration or stay. |
Subpart Q - Refund or Waiver of Freight Charges |
§ 502.271 - Special docket application for permission to refund or waive freight charges. |
Exhibit No. 1 to Subpart Q [§ 502.271(d)] of Part 502 - Application for Refund or Waiver of Freight Charges Due to Tariff or Quoting Error |
Subpart R - Nonadjudicatory Investigations |
§ 502.281 - Investigational policy. |
§ 502.282 - Initiation of investigations. |
§ 502.283 - Order of investigation. |
§ 502.284 - By whom conducted. |
§ 502.285 - Investigational hearings. |
§ 502.286 - Compulsory process. |
§ 502.287 - Depositions. |
§ 502.288 - Reports. |
§ 502.289 - Noncompliance with investigational process. |
§ 502.290 - Rights of witness. |
§ 502.291 - Nonpublic proceedings. |
Subpart S - Informal Procedure for Adjudication of Small Claims |
§ 502.301 - Statement of policy. |
§ 502.302 - Limitations of actions. |
§ 502.303 - [Reserved] |
§ 502.304 - Procedure and filing fee. |
§ 502.305 - Applicability of other rules of this part. |
Exhibit No. 1 to Subpart S [§ 502.304(a)] of Part 502 - Small Claim Form for Informal Adjudication and Information Checklist |
Exhibit No. 2 to Subpart S [§ 502.304(e)] of Part 502 - Respondent's Consent Form for Informal Adjudication |
Subpart T - Formal Procedure for Adjudication of Small Claims |
§ 502.311 - Applicability. |
§ 502.312 - Answer to complaint. |
§ 502.313 - Reply of complainant. |
§ 502.314 - Additional information. |
§ 502.315 - Request for oral hearing. |
§ 502.316 - Intervention. |
§ 502.317 - Oral argument. |
§ 502.318 - Decision. |
§ 502.319 - Date of service and computation of time. |
§ 502.320 - Service. |
§ 502.321 - Applicability of other rules of this part. |
Subpart U - Alternative Dispute Resolution |
§ 502.401 - Policy. |
§ 502.402 - Definitions. |
§ 502.403 - General authority. |
§ 502.404 - Neutrals. |
§ 502.405 - Confidentiality. |
§ 502.406 - Arbitration. |
§ 502.407 - Authority of the arbitrator. |
§ 502.408 - Conduct of arbitration proceedings. |
§ 502.409 - Arbitration awards. |
§ 502.410 - Representation of parties. |
§ 502.411 - Mediation and other alternative means of dispute resolution. |
Subpart V - Implementation of the Equal Access to Justice Act in Commission Proceedings |
§ 502.501 - General provisions. |
§ 502.502 - Information required from applicants. |
§ 502.503 - Procedures for considering petitions. |
Subpart W - Compromise, Assessment, Mitigation, Settlement, and Collection of Civil Penalties |
§ 502.601 - Purpose and scope. |
§ 502.602 - Definitions. |
§ 502.603 - Assessment of civil penalties: Procedure; criteria for determining amount; limitations; relation to compromise. |
§ 502.604 - Compromise of penalties: Relation to assessment proceedings. |
§ 502.605 - Payment of penalty: Method; default. |
Appendix A to Subpart W - Example of Compromise Agreement to be Used Under 46 CFR 502.604 |
Appendix A to Subpart W of Part 502 - Example of Compromise Agreement To Be Used Under 46 CFR 502.604 |
Subpart X - Hearing Procedure Governing Denial, Suspension, or Revocation of OTI License |
§ 502.701 - Purpose and scope. |
§ 502.702 - Hearing requests. |
§ 502.703 - Applicant or licensee response. |
§ 502.704 - Reply. |
§ 502.705 - Additional information. |
§ 502.706 - Request for an oral hearing or argument. |
§ 502.707 - Intervention. |
§ 502.708 - Decision. |
§ 502.709 - Applicability of other rules to this subpart. |
Subpart Y - Paperwork Reduction Act |
§ 502.991 - OMB control numbers assigned pursuant to the Paperwork Reduction Act. |
§§ 502.181--502.187 - [Reserved] |