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]