Part 386 - Rules of Practice for FMCSA Proceedings  


Subpart A - Scope of Rules; Definitions and General Provisions
§ 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.
Subpart B - Commencement of Proceedings, Pleadings
§ 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.
Subpart C - Settlement Agreements
§ 386.21 - Compliance order.
§ 386.22 - Settlement agreements and their contents.
§ 386.23 - Content of consent order.
Subpart D - General Rules and Hearings
§ 386.30 - Enforcement proceedings under part 395.
§ 386.31 - Official notice.
§ 386.32 - Computation of time.
§ 386.33 - Extension of time.
§ 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.
§ 386.50 - Appearances and rights of witnesses.
§ 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.
Subpart E - Decision
§ 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.
Subpart F - Injunctions and Imminent Hazards
§ 386.71 - Injunctions.
§ 386.72 - Imminent hazard.
§ 386.73 - Operations out of service and record consolidation proceedings (reincarnated carriers).
Subpart G - Penalties
§ 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