cfr_sections
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175 rows where part_number = 502 and title_number = 46 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 46:46:9.0.1.1.3.1.1.1 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | A | Subpart A—General Information | § 502.1 Scope of rules in this part. | FMC | [49 FR 44369, Nov. 6, 1984, as amended at 58 FR 38649, July 19, 1993; 64 FR 7807, Feb. 17, 1999] | The rules in this part govern procedure before the Federal Maritime Commission, hereinafter referred to as the “Commission,” under the Merchant Marine Act, 1920, Merchant Marine Act, 1936, Shipping Act of 1984, as amended by the Ocean Shipping Reform Act of 1998, Administrative Procedure Act, and related acts, except that subpart R of this part does not apply to proceedings subject to sections 7 and 8 of the Administrative Procedure Act, which are to be governed only by subparts A to Q inclusive, of this part. They shall be construed to secure the just, speedy, and inexpensive determination of every proceeding. To this end, all persons involved in proceedings conducted under the rules of this part shall be required to consider at an early stage of the proceeding whether resort to alternative dispute resolution techniques would be appropriate or useful. [Rule 1.] | |||
| 46:46:9.0.1.1.3.1.1.10 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | A | Subpart A—General Information | § 502.10 Waiver of rules in this part. | FMC | [49 FR 44369, Nov. 6, 1984, as amended at 81 FR 93835, Dec. 22, 2016] | Except to the extent that such waiver would be inconsistent with any statute, any of the rules in this part, except §§ 502.11 and 502.221, may be waived by the Commission or the presiding officer in any particular case to prevent undue hardship, manifest injustice, or if the expeditious conduct of business so requires. [Rule 10.] | |||
| 46:46:9.0.1.1.3.1.1.11 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | A | Subpart A—General Information | § 502.11 Ex parte communications. | FMC | [49 FR 44369, Nov. 6, 1984; 49 FR 47394, Dec. 4, 1984, as amended at 64 FR 7807, Feb. 17, 1999; 64 FR 23551, May 3, 1999; 64 FR 33762, June 24, 1999] | (a) No person who is a party to or an agent of a party to any proceeding as defined in § 502.61 or who directly participates in any such proceeding and no interested person outside the Commission shall make or knowingly cause to be made to any Commission member, administrative law judge, or Commission employee who is or may reasonably be expected to be involved in the decisional process of any such proceeding, an ex parte communication relevant to the merits of the proceeding; (b) No Commission member, administrative law judge, or Commission employee who is or may reasonably be expected to be involved in the decisional process of any agency proceeding, shall make or knowingly cause to be made to any interested persons outside the Commission or to any party to the proceeding or its agent or to any direct participant in a proceeding, an ex parte communication relevant to the merits of the proceeding. This prohibition shall not be construed to prevent any action authorized by paragraphs (e), (f) and (g) of this section; (c) “Ex parte communication” means an oral or written communication not on the public record with respect to which reasonable prior notice to all parties is not given, but it shall not include requests for status reports or communications regarding purely procedural matters or matters which the Commission or member thereof, administrative law judge, or Commission employee is authorized by law or these rules to dispose of on an ex parte basis; (d) Any Commission member, administrative law judge, or Commission employee who is or may reasonably be expected to be involved in the decisional process of any proceeding who receives, or who makes or knowingly causes to be made, an ex parte communication shall promptly transmit to the Secretary of the Commission: (1) All such written communications; (2) Memoranda stating the substance of all such oral communications; and (3) All written responses and memoranda stating the substance of all oral responses to the materials described in paragraphs (d)(1) and… | |||
| 46:46:9.0.1.1.3.1.1.12 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | A | Subpart A—General Information | § 502.12 Applicability of Federal Rules of Civil Procedure. | FMC | [58 FR 27210, May 7, 1993, as amended at 64 FR 7807, Feb. 17, 1999] | In proceedings under this part, for situations which are not covered by a specific Commission rule, the Federal Rules of Civil Procedure will be followed to the extent that they are consistent with sound administrative practice. [Rule 12.] | |||
| 46:46:9.0.1.1.3.1.1.13 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | A | Subpart A—General Information | § 502.13 Privacy protection for filings made with the Commission. | FMC | [76 FR 10261, Feb. 24, 2011] | (a) Redacted filings. Unless the Commission or presiding officer orders otherwise, in an electronic or paper filing that contains an individual's social-security number, taxpayer-identification number, or birth date, the name of an individual known to be a minor, or a financial-account number, a party or nonparty making the filing may include only: (1) The last four digits of the social-security number and taxpayer-identification number; (2) The year of the individual's birth; (3) The minor's initials; and (4) The last four digits of the financial-account number. (b) Exemptions from the redaction requirement. The redaction requirement does not apply to the following: (1) The record of an administrative or agency proceeding; (2) The record of a state-court proceeding; (3) The record of a court or tribunal, if that record was not subject to the redaction requirement when originally filed; and (4) A filing covered by paragraph (c) of this section. (c) Filings made under seal. The Commission or presiding officer may order that a filing be made under seal without redaction. The Commission or presiding officer may later unseal the filing or order the person who made the filing to file a redacted version for the public record. (d) Protective orders. For good cause, the Commission or presiding officer may by order in a case: (1) Require redaction of additional information; or (2) Limit or prohibit a nonparty's remote electronic access to a document filed with the Commission. (e) Option for additional unredacted filing under seal. A person making a redacted filing may also file an unredacted copy under seal. The Commission must retain the unredacted copy as part of the record. (f) Option for filing a reference list. A filing that contains redacted information may be filed together with a reference list that identifies each item of redacted information and specifies an appropriate identifier that uniquely corresponds to each item listed. The list must be filed under seal and may be amended as of … | |||
| 46:46:9.0.1.1.3.1.1.14 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | A | Subpart A—General Information | § 502.14 Public hearings. | FMC | [49 FR 44369, Nov. 6, 1984. Redesignated at 81 FR 93836, Dec. 22, 2016] | The Commission may call informal public hearings, not required by statute, to be conducted under the rules in this part where applicable, for the purpose of rulemaking or to obtain information necessary or helpful in the determination of its policies or the carrying out of its duties, and may require the attendance of witnesses and the production of evidence to the extent permitted by law. [Rule 141.] | |||
| 46:46:9.0.1.1.3.1.1.2 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | A | Subpart A—General Information | § 502.2 Filing of documents. | FMC | [76 FR 10259, Feb. 24, 2011] | (a) Requirement for filing. Documents relating to any matter pending before the Commissioners for decision or to any matter pending before the Commission which is likely to come before the Commissioners for decision, whether or not relating to proceedings governed by this part, must be filed with the Secretary, Federal Maritime Commission. Such documents should not be filed with or separately submitted to the offices of individual Commissioners. Distribution to Commissioners and other agency personnel is handled by the Office of the Secretary to ensure that persons in decision-making and advisory positions receive identical copies of submissions in a uniform and impersonal manner and to avoid the possibility of ex parte communications within the meaning of § 502.11. These considerations apply to informal and oral communications as well, such as requests for expedited consideration. (b) Date and time of filing. (1) Documents may be hand-delivered at the Commission during normal business hours from 8:30 a.m. to 5 p.m., Monday through Friday. (2) Except with respect to initial filing of complaints pursuant to §§ 502.62 and 502.63, and claims pursuant to §§ 502.301 and 502.302, the date of filing shall be either the date on which the pleading, document, or paper is physically delivered to the Commission by a party, the date on which a party certifies it to have been deposited in the mail or delivered to a courier, or the date of e-mail transmission. (c) Place of filing. Except for exhibits filed pursuant to § 502.118(b)(4) and petitions for review of final agency orders served on the Commission pursuant to 28 U.S.C. 2112(a), all documents required to be filed in, and correspondence relating to proceedings governed by this part must be addressed and delivered to “Secretary, Federal Maritime Commission, 800 N. Capitol Street, NW., Washington, DC 20573-0001” or to secretary@fmc.gov. (d) Service of petition for review of Commission order. Petitions for review of final agency orders served on the Commission p… | |||
| 46:46:9.0.1.1.3.1.1.3 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | A | Subpart A—General Information | § 502.3 Compliance with rules or orders of Commission. | FMC | [76 FR 10260, Feb. 24, 2011] | Persons named in a rule or order shall notify the Commission during business hours on or before the day on which such rule or order becomes effective whether they have complied therewith, and if so, the manner in which compliance has been made. [Rule 3.] | |||
| 46:46:9.0.1.1.3.1.1.4 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | A | Subpart A—General Information | § 502.4 Authentication of rules or orders of Commission. | FMC | [76 FR 10260, Feb. 24, 2011] | All rules or orders issued by the Commission in any proceeding covered by this part shall, unless otherwise specifically provided, be signed by the Secretary of the Commission in the name of the Commission. [Rule 4.] | |||
| 46:46:9.0.1.1.3.1.1.5 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | A | Subpart A—General Information | § 502.5 Documents containing confidential materials. | FMC | [80 FR 14318, Mar. 19, 2015, as amended at 81 FR 93835, Dec. 22, 2016] | Except as otherwise provided in the rules of this part, all filings that contain information for which confidential treatment is sought or information previously designated as confidential pursuant to §§ 502.13, 502.141(j)(1)(vii), 502.208, or any other rules of this part, or for which a request for protective order pursuant to § 502.141(j) is pending, are subject to the following requirements: (a) Two versions of filings. Two versions of documents must be filed if a document: (1) Contains information previously designated by the Commission or presiding officer as confidential; or (2) Contains information for which confidential treatment is sought. Except as specified below, both versions must be filed in accordance with the requirements of § 502.2. (i) Confidential version. The confidential filing must include a cover page marked “Confidential-Restricted.” The specific confidential information must be conspicuously and clearly marked on each page, for example by highlighting or bracing. If confidentiality will end on a date certain or upon the occurrence of an event, this must be stated on the cover, e.g., “CONFIDENTIAL UNTIL [DATE],” or “CONFIDENTIAL DURING JUDICIAL REVIEW.” The confidential version of a document may be provided to the presiding officer by email but should not be filed with the Office of the Secretary by email. (ii) Public version. Within three business days of filing a confidential version of a filing, a public version must be filed. The public version must indicate on the cover page and on each affected page “Public Version—confidential materials excluded.” The public version must clearly indicate any information withheld, for example with blackout or braces, and its pagination and depiction of text on each page must be identical to that of the confidential version. For example, the confidential filing may read: “On January 1, 2005, complainant entered into a {25} year lease with respondent for a monthly rent of {$1,000}.” The public version would read: “On January 1, 2005, complai… | |||
| 46:46:9.0.1.1.3.1.1.6 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | A | Subpart A—General Information | § 502.6 Verification of documents. | FMC | [76 FR 10261, Feb. 24, 2011, as amended at 81 FR 93835, Dec. 22, 2016] | (a) If a party is represented by an attorney or other person qualified to practice before the Commission under the rules in this part, each pleading, document or other paper of such party filed with the Commission shall be signed by at least one person of record admitted to practice before the Commission in his or her individual name, whose address shall be stated. Except when otherwise specifically provided by rule or statute, such pleading, document or paper need not be verified or accompanied by affidavit. The signature of a person admitted or qualified to practice before the Commission constitutes a certificate by the signer that the signer has read the pleading, document or paper; that the signer is authorized to file it; that to the best of the signer's knowledge, information, and belief formed after reasonable inquiry, the filing is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law; and that it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. For a willful violation of this section, a person admitted or qualified to practice before the Commission may be subjected to appropriate disciplinary action. (b) If a party is not represented by a person admitted or qualified to practice before the Commission, each pleading, document or other paper of such party filed with the Commission shall be signed and verified under oath by the party or by a duly authorized officer or agent of the party, whose address and title shall be stated. (c) Wherever, under any rules of this part, any matter is required or permitted to be supported, evidenced, established, or proved by the sworn declaration, verification, certificate, statement, oath, or affidavit, in writing of the person making the same (other than a deposition under§ 502.143 or § 502.144), such matter may, with like force and effect, be supported, evidenced, established, or proved by the… | |||
| 46:46:9.0.1.1.3.1.1.7 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | A | Subpart A—General Information | § 502.7 Documents in foreign languages. | FMC | Every document, exhibit, or other paper written in a language other than English and filed with the Commission or offered in evidence in any proceeding before the Commission under this part or in response to any rule or order of the Commission pursuant to this part, shall be filed or offered in the language in which it is written and shall be accompanied by an English translation thereof duly verified under oath to be an accurate translation. [Rule 7.] | ||||
| 46:46:9.0.1.1.3.1.1.8 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | A | Subpart A—General Information | § 502.8 Denial of applications and notice thereof. | FMC | Except in affirming a prior denial or where the denial is self-explanatory, prompt written notice will be given of the denial in whole or in part of any written application, petition, or other request made in connection with any proceeding under this part, such notice to be accompanied by a simple statement of procedural or other grounds for the denial, and of any other or further administrative remedies or recourse applicant may have where the denial is based on procedural grounds. [Rule 8.] | ||||
| 46:46:9.0.1.1.3.1.1.9 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | A | Subpart A—General Information | § 502.9 Suspension, amendment, etc., of rules in this part. | FMC | The rules in this part may, from time to time, be suspended, amended, or revoked, in whole or in part. Notice of any such action will be published in the Federal Register. [Rule 9.] | ||||
| 46:46:9.0.1.1.3.10.1.1 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | J | Subpart J—Disclosures and Discovery | § 502.141 Duty to disclose; general provisions governing discovery. | FMC | [49 FR 44369, Nov. 6, 1984, as amended at 78 FR 45071, July 26, 2013; 80 FR 57307, Sept. 23, 2015. Redesignated at 81 FR 93836, Dec. 22, 2016] | (a) Applicability. Unless otherwise stated in subpart S, T, or any other subpart of this part, the procedures described in this subpart are available in all adjudicatory proceedings under the Shipping Act of 1984. (b) Initial disclosures. Except as otherwise stipulated or ordered by the Commission or presiding officer, and except as provided in this subpart related to disclosure of expert testimony, all parties must, within 7 days of service of a respondent's answer to the complaint or Order of Investigation and Hearing and without awaiting a discovery request, provide to each other: (1) The name and, if known, the address and telephone number of each individual likely to have discoverable information that the disclosing party may use to support its claims or defenses, unless the use would be solely for impeachment; (2) A copy, or a description by category and location, of all documents, electronically stored information, and tangible things that the disclosing party has in its possession, custody, or control and may use to support its claims or defenses, unless the use would be solely for impeachment; (3) An estimate of any damages claimed by the disclosing party who must also make available for inspection and copying the documents or other evidentiary material, unless privileged or protected from disclosure, on which the estimate is based, including materials bearing on the nature and extent of injuries suffered. (c) For parties served or joined later. A party that is first served or otherwise joined after the answer is made must make the initial disclosures within seven (7) days after an order of intervention is granted, unless a different time is set by stipulation or order of presiding officer. All parties must also produce to the late-joined party any initial disclosures previously made. (d) Disclosure of expert testimony. (1) In general. A party must disclose to the other parties the identity of any witness it may use in the proceeding to present evidence as an expert. (2) Witnesses who a… | |||
| 46:46:9.0.1.1.3.10.1.10 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | J | Subpart J—Disclosures and Discovery | § 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. | FMC | [77 FR 61529, Oct. 10, 2012. Redesignated at 81 FR 93836, Dec. 22, 2016; 81 FR 93837, Dec. 22, 2016] | (a) Motion for order to compel initial disclosures or compliance with discovery requests. (1) A party may file a motion pursuant to § 502.69 for an order compelling compliance with the requirement for initial disclosures provided in § 502.141 or with its discovery requests as provided in this subpart, if a deponent fails to answer a question asked at a deposition or by written questions; a corporation or other entity fails to make a designation of an individual who will testify on its behalf; a party fails to answer an interrogatory; or a party fails to respond that inspection will be permitted, or fails to permit inspection, as requested under § 502.146 of this subpart. For purposes of this section, a failure to make a disclosure, answer, or respond includes an evasive or incomplete disclosure, answer, or response. (2) A motion to compel must include: (i) A certification that the moving party has conferred in good faith or attempted to confer with the party failing to make initial disclosure or respond to discovery requests as provided in this subpart in an effort to obtain compliance without the necessity of a motion; (ii) A copy of the discovery requests that have not been answered or for which evasive or incomplete responses have been given. If the motion is limited to specific discovery requests, only those requests are to be included; (iii) If a disclosure has been made or an answer or response has been given, a copy of the disclosure, answer, or response in its entirety; (iv) A copy of the certificate of service that accompanied the discovery request; and (v) A request for relief and supporting argument, if any. (3) A party may file a response to the motion within 7 days of the service date of the motion. Unless there is a dispute with respect to the accuracy of the versions of the discovery requests, responses thereto, or the disclosures submitted by the moving party, the response must not include duplicative copies of them. (4) A reply to a response is not allowed unless requested by the presid… | |||
| 46:46:9.0.1.1.3.10.1.11 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | J | Subpart J—Disclosures and Discovery | §§ 502.151-502.169 [Reserved] | FMC | |||||
| 46:46:9.0.1.1.3.10.1.2 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | J | Subpart J—Disclosures and Discovery | § 502.142 Persons before whom depositions may be taken. | FMC | [77 FR 61529, Oct. 10, 2012. Redesignated at 81 FR 93836, Dec. 22, 2016] | (a) Within the United States. (1) In general. Within the United States or a territory or insular possession subject to United States jurisdiction, a deposition must be taken before: (i) An officer authorized to administer oaths either by federal law or by the law in the place of examination; or (ii) A person appointed by the Commission or the presiding officer to administer oaths and take testimony. (b) In a foreign country. (1) In general. A deposition may be taken in a foreign country: (i) Under an applicable treaty or convention; (ii) under a letter of request, whether or not captioned a “letter rogatory”; (iii) On notice, before a person authorized to administer oaths either by federal law or by the law in the place of examination; or (iv) Before a person authorized by the Commission or the presiding officer to administer any necessary oath and take testimony. (2) Issuing a letter of request or an authorization. A letter of request, an authorization, or both may be issued: (i) On appropriate terms after an application and notice of it; and (ii) Without a showing that taking the deposition in another manner is impracticable or inconvenient. (3) Form of a request, notice, or authorization. When a letter of request or any other device is used according to a treaty or convention, it must be captioned in the form prescribed by that treaty or convention. A letter of request may be addressed “To the Appropriate Authority in [name of country].” A deposition notice or an authorization must designate by name or descriptive title the person before whom the deposition is to be taken. (4) Letter of request—admitting evidence. Evidence obtained in response to a letter of request need not be excluded merely because it is not a verbatim transcript, because the testimony was not taken under oath, or because of any similar departure from the requirements for depositions taken within the United States. (c) Disqualification. A deposition must not be taken before a person who is any party's relative, … | |||
| 46:46:9.0.1.1.3.10.1.3 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | J | Subpart J—Disclosures and Discovery | § 502.143 Depositions by oral examination. | FMC | [77 FR 61529, Oct. 10, 2012. Redesignated and amended at 81 FR 93836, Dec. 22, 2016] | (a) When a deposition may be taken. (1) Without leave. A party may, by oral questions, depose any person, including a party, without leave of the presiding officer except as provided in § 502.143(a)(2). The deponent's attendance may be compelled by subpoena under subpart I of this part. (2) With leave. A party must obtain leave of the presiding officer, if the parties have not stipulated to the deposition and: (i) The deposition would result in more than 20 depositions being taken under this rule or § 502.144 by any party; or (ii) The deponent has already been deposed in the case. (b) Notice of the deposition; other formal requirements. (1) Notice in general. A party who wants to depose a person by oral questions must give reasonable written notice to every other party. The notice must state the time and place of the deposition and, if known, the deponent's name and address. If the name is unknown, the notice must provide a general description sufficient to identify the person or the particular class or group to which the person belongs. (2) Producing documents. If a subpoena duces tecum is to be served on the deponent, the materials designated for production, as set out in the subpoena, must be listed in the notice or in an attachment. The notice to a party deponent may be accompanied by a request under § 502.146 to produce documents and tangible things at the deposition. (3) Method of recording. (i) Method stated in the notice. The party who notices the deposition must state in the notice the method for recording the testimony. Unless the presiding officer orders otherwise, testimony may be recorded by audio, audiovisual, or stenographic means. The noticing party bears the recording costs. Any party may arrange to transcribe a deposition. (ii) Additional method. With prior notice to the deponent and other parties, any party may designate another method for recording the testimony in addition to that specified in the original notice. That party bears the expense of the additional record … | |||
| 46:46:9.0.1.1.3.10.1.4 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | J | Subpart J—Disclosures and Discovery | § 502.144 Depositions by written questions. | FMC | [77 FR 61529, Oct. 10, 2012. Redesignated at 81 FR 93836, Dec. 22, 2016; 81 FR 93837, Dec. 22, 2016] | (a) When a deposition may be taken. (1) Without leave. A party may, by written questions, depose any person, including a party, without leave of the presiding officer except as provided in paragraph (a)(2) of this section. The deponent's attendance may be compelled by subpoena under subpart I of this part. (2) With leave. A party must obtain leave of the presiding officer, if the parties have not stipulated to the deposition and: (i) The deposition would result in more than 20 depositions being taken under this rule or § 502.143 by any party; (ii) The deponent has already been deposed in the case. (3) Service; required notice. A party who wants to depose a person by written questions must serve them on every other party, with a notice stating, if known, the deponent's name and address. If the name is unknown, the notice must provide a general description sufficient to identify the person or the particular class or group to which the person belongs. The notice must also state the name or descriptive title and the address of the officer before whom the deposition will be taken. (4) Questions directed to an organization. A public or private corporation, a partnership, an association, or a governmental agency may be deposed by written questions in accordance with § 502.143(b)(6). (5) Questions from other parties. Any questions to the deponent from other parties must be served on all parties as follows: Cross-questions, within 14 days after being served with the notice and direct questions; redirect questions, within 7 days after being served with cross-questions; and recross-questions, within 7 days after being served with redirect questions. The presiding officer may, for good cause, extend or shorten these times. (b) Delivery to the officer; officer's duties. The party who noticed the deposition must deliver to the officer before whom the deposition will be taken a copy of all the questions served and of the notice. The officer must promptly proceed to: (1) Take the deponent's testimony in res… | |||
| 46:46:9.0.1.1.3.10.1.5 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | J | Subpart J—Disclosures and Discovery | § 502.145 Interrogatories to parties. | FMC | [77 FR 61529, Oct. 10, 2012. Redesignated at 81 FR 93836, Dec. 22, 2016; 81 FR 93837, Dec. 22, 2016] | (a) In general. (1) Number. Unless otherwise stipulated or ordered by the presiding officer, a party may serve on any other party no more than 50 written interrogatories, including all discrete subparts. Leave to serve additional interrogatories may be granted to the extent consistent with § 502.141(e)(2). (2) Scope. An interrogatory may relate to any matter that may be inquired into under § 502.141(e) and (f). An interrogatory is not objectionable merely because it asks for an opinion or contention that relates to fact or the application of law to fact, but the presiding officer may order that the interrogatory need not be answered until designated discovery is complete, or until a prehearing conference or some other time. (b) Answers and objections. (1) Responding party. The interrogatories must be answered: (i) By the party to whom they are directed; or (ii) If that party is a public or private corporation, a partnership, an association, or a governmental agency, by any officer or representative, who must furnish the information available to the party. (2) Time to respond. The responding party must serve its answers and any objections within 30 days after being served with the interrogatories. A shorter or longer time may be stipulated to as provided in § 502.141(l) of this subpart or be ordered by the presiding officer. (3) Answering each interrogatory. Each interrogatory must, to the extent it is not objected to, be answered separately and fully in writing under oath. (4) Objections. The grounds for objecting to an interrogatory must be stated with specificity. Any ground not stated in a timely objection is waived unless the presiding officer, for good cause, excuses the failure. (5) Signature. The person who makes the answers must sign them, and the attorney who objects must sign any objections. (c) Use. An answer to an interrogatory may be used to the extent allowed by the rules in this part. (d) Option to produce business records. If the answer to an interrogatory may be de… | |||
| 46:46:9.0.1.1.3.10.1.6 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | J | Subpart J—Disclosures and Discovery | § 502.146 Producing documents, electronically stored information, and tangible things, or entering onto land, for inspection and other purposes. | FMC | [77 FR 61529, Oct. 10, 2012. Redesignated at 81 FR 93836, Dec. 22, 2016; 81 FR 93837, Dec. 22, 2016] | (a) In general. A party may serve on any other party a request within the scope of § 502.141(e) and (f): (1) To produce and permit the requesting party or its representative to inspect, copy, test, or sample the following items in the responding party's possession, custody, or control: (i) Any designated documents or electronically stored information, including writings, drawings, graphs, charts, photographs, sound recordings, images, and other data or data compilations, stored in any medium from which information can be obtained either directly or, if necessary, after translation by the responding party into a reasonably usable form; or (ii) Any designated tangible things; or (2) To permit entry onto designated land or other property possessed or controlled by the responding party, so that the requesting party may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it. (b) Procedure. (1) Contents of the request. The request: (i) Must describe with reasonable particularity each item or category of items to be inspected; (ii) Must specify a reasonable time, place, and manner for the inspection and for performing the related acts; and (iii) May specify the form or forms in which electronically stored information is to be produced. (2) Responses and objections. (i) Time to respond. The party to whom the request is directed must respond in writing within 30 days after being served. A shorter or longer time may be stipulated to as provided in § 502.141(l) of this subpart or be ordered by the presiding officer. (ii) Responding to each item. For each item or category, the response must either state that inspection and related activities will be permitted as requested or state an objection to the request, including the reasons. (iii) Objections. An objection to part of a request must specify the part and permit inspection of the rest. (iv) Responding to a request for production of electronically stored information. The response may state … | |||
| 46:46:9.0.1.1.3.10.1.7 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | J | Subpart J—Disclosures and Discovery | § 502.147 Requests for admission. | FMC | [77 FR 61529, Oct. 10, 2012. Redesignated at 81 FR 93836, Dec. 22, 2016; 81 FR 93837, Dec. 22, 2016] | (a) Scope and procedure. (1) Scope. A party may serve on any other party a written request to admit, for the purposes of the pending action only, the truth of any nonprivileged relevant matters relating to facts, the application of law to fact, or opinions about either, and the genuineness of any described documents. (2) Form; copies of documents. Each matter must be separately stated. A request to admit the genuineness of a document must be accompanied by a copy of the document unless it is, or has been, otherwise furnished or made available for inspection and copying. (3) Time to respond; effect of failure to respond. A matter is admitted unless, within 30 days after being served, the party to whom the request is directed serves on the requesting party a written answer or objection addressed to the matter and signed by the party or its attorney. A shorter or longer time for responding may be stipulated to as provided in § 502.141(l) of this subpart or be ordered by the presiding officer. (4) Answer. If a matter is not admitted, the answer must specifically deny it or state in detail why the answering party cannot truthfully admit or deny it. A denial must fairly respond to the substance of the matter; and when good faith requires that a party qualify an answer or deny only a part of a matter, the answer must specify the part admitted and qualify or deny the rest. The answering party may assert lack of knowledge or information as a reason for failing to admit or deny only if the party states that it has made reasonable inquiry and that the information it knows or can readily obtain is insufficient to enable it to admit or deny. (5) Objections. The grounds for objecting to a request must be stated. A party may not object solely on the ground that the request presents a genuine issue for adjudication. (6) Motion regarding the sufficiency of an answer or objection. The requesting party may move for a determination of the sufficiency of an answer or objection. Unless the presiding officer finds an… | |||
| 46:46:9.0.1.1.3.10.1.8 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | J | Subpart J—Disclosures and Discovery | § 502.148 Use of discovery procedures directed to Commission staff personnel. | FMC | [77 FR 61529, Oct. 10, 2012. Redesignated at 81 FR 93836, Dec. 22, 2016; 81 FR 93837, Dec. 22, 2016] | (a) Discovery procedures described in §§ 502.142 through 502.147, directed to Commission staff personnel must be permitted and must be governed by the procedures set forth in those sections except as modified by paragraphs (b) and (c) of this section. All notices to take depositions, written interrogatories, requests for production of documents and other things, requests for admissions, and any motions in connection with the foregoing, must be served on the Secretary of the Commission. (b) The General Counsel must designate an attorney to represent any Commission staff personnel to whom any discovery requests or motions are directed. The attorney so designated must not thereafter participate in the Commission's decision-making process concerning any issue in the proceeding. (c) Rulings of the presiding officer issued under paragraph (a) of this section must become final rulings of the Commission unless an appeal is filed within 10 days after date of issuance of such rulings or unless the Commission on its own motion reverses, modifies, or stays such rulings within 20 days of their issuance. Replies to appeals may be filed within 10 days. No motion for leave to appeal is necessary in such instances and no ruling of the presiding officer must be effective until 20 days from date of issuance unless the Commission otherwise directs. [Rule 208.] | |||
| 46:46:9.0.1.1.3.10.1.9 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | J | Subpart J—Disclosures and Discovery | § 502.149 Use of depositions at hearings. | FMC | [77 FR 61529, Oct. 10, 2012. Redesignated at 81 FR 93836, Dec. 22, 2016; 81 FR 93837, Dec. 22, 2016] | (a) Using depositions. (1) In general. At a hearing, all or part of a deposition may be used against a party on these conditions: (i) The party was present or represented at the taking of the deposition or had reasonable notice of it; (ii) It is used to the extent it would be admissible if the deponent were present and testifying; and (iii) The use is allowed by § 502.149(a)(2) through (7). (2) Impeachment and other uses. Any party may use a deposition to contradict or impeach the testimony given by the deponent as a witness, or for any other purpose allowed by § 502.204 of subpart L of this part. (3) Deposition of party, representative, or designee. An adverse party may use for any purpose the deposition of a party or anyone who, when deposed, was the party's officer, director, managing representative, or designee under § 502.143(b)(6) or § 502.144(a)(4). (4) Unavailable witness. A party may use for any purpose the deposition of a witness, whether or not a party, if the Commission or presiding officer finds: (i) That the witness is dead; (ii) That the witness cannot attend or testify because of age, illness, infirmity, or imprisonment; (iii) That the party offering the deposition could not procure the witness's attendance by subpoena; or (iv) On motion and notice, that exceptional circumstances make it desirable, in the interest of justice and with due regard to the importance of live testimony at a hearing, to permit the deposition to be used. (5) Using part of a deposition. If a party offers in evidence only part of a deposition, an adverse party may require the offeror to introduce other parts that in fairness should be considered with the part introduced, and any party may itself introduce any other parts. (6) Substituting a party. Substituting a party does not affect the right to use a deposition previously taken. (7) Deposition taken in an earlier action. A deposition lawfully taken and, if required, filed in any Federal or State court action may be used in a later action invol… | |||
| 46:46:9.0.1.1.3.12.1.1 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | L | Subpart L—Presentation of Evidence | § 502.201 Applicability and scope. | FMC | (a) The rules in this subpart apply to adjudicatory proceedings conducted under the statutes administered by the Commission involving matters which require determination after notice and opportunity for hearing. Adjudicatory proceedings are formal proceedings commenced upon the filing of a sworn complaint or by Order of the Commission. Such proceedings will be conducted pursuant to the Administrative Procedure Act, 5 U.S.C. 551-559, and the rules in this subpart. (b) The term hearing means a formal adjudicatory proceeding in which evidence is presented orally, or through written statements, or by combination thereof. The term oral hearing means a hearing at which evidence is presented through oral testimony of a witness. [Rule 201]. | ||||
| 46:46:9.0.1.1.3.12.1.10 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | L | Subpart L—Presentation of Evidence | § 502.210 Prehearing statements. | FMC | (a) Unless a waiver is granted by the presiding officer, it is the duty of all parties to a proceeding to prepare a statement or statements at a time and in the manner to be established by the presiding officer provided that there has been reasonable opportunity for discovery. To the extent possible, joint statements should be prepared. (b) The prehearing statement must state the name of the party or parties on whose behalf it is presented and briefly set forth the following matters, unless otherwise ordered by the presiding officer: (1) Issues involved in the proceeding. (2) Facts stipulated pursuant to the procedures together with a statement that the party or parties have communicated or conferred in a good faith effort to reach stipulation to the fullest extent possible. (3) Facts in dispute. (4) Witnesses and exhibits by which disputed facts will be litigated. (5) A brief statement of applicable law. (6) The conclusion to be drawn. (7) Suggested time and location of hearing and estimated time required for presentation of the party's or parties' case. (8) Any appropriate comments, suggestions, or information which might assist the parties in preparing for the hearing or otherwise aid in the disposition of the proceeding. (c) The presiding officer may, for good cause shown, permit a party to introduce facts or argue points of law outside the scope of the facts and law outlined in the prehearing statement. Failure to file a prehearing statement, unless waiver has been granted by the presiding officer, may result in dismissal of a party from the proceeding, dismissal of a complaint, judgment against respondents, or imposition of such other sanctions as may be appropriate under the circumstances. (d) Following the submission of prehearing statements, the presiding officer may, upon motion or otherwise, convene a prehearing conference for the purpose of further narrowing issues and limiting the scope of the hearing if, in his or her opinion, the prehearing statements indicate lack of dispute of material… | ||||
| 46:46:9.0.1.1.3.12.1.11 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | L | Subpart L—Presentation of Evidence | § 502.211 Notice of time and place of oral hearing; postponement of hearing. | FMC | (a) The notice of an oral hearing will designate the time and place the person or persons who will preside, and the type of decision to be issued. The date or place of a hearing for which notice has been issued may be changed when warranted. Reasonable notice will be given to the parties or their representatives of the time and place of the change thereof, due regard being had for the public interest and the convenience and necessity of the parties or their representatives. Notice may be served by mail, facsimile transmission, or electronic mail. (b) Motions for postponement of any hearing date must be filed in accordance with § 502.104. [Rule 211.] | ||||
| 46:46:9.0.1.1.3.12.1.12 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | L | Subpart L—Presentation of Evidence | § 502.212 Exceptions to rulings of presiding officer unnecessary. | FMC | A formal exception to a ruling or order is unnecessary. When the ruling or order is requested or made, the party doing so need only state the action that it wants the presiding officer to take or that it objects to, along with the grounds for the request or objection. Failing to object does not prejudice a party who had no opportunity to do so when the ruling or order was made. [Rule 212.] | ||||
| 46:46:9.0.1.1.3.12.1.13 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | L | Subpart L—Presentation of Evidence | § 502.213 Official transcript. | FMC | (a) The Commission will designate the official reporter for all hearings. The official transcript of testimony taken, together with any exhibits and any briefs or memoranda of law filed therewith, will be filed with the Commission. Transcripts of testimony will be available in any proceeding under the rules in this part, at actual cost of duplication. (b)(1) Where the Commission does not request daily copy service, any party requesting such service must bear the incremental cost of transcription above the regular copy transcription cost borne by the Commission, in addition to the actual cost of duplication. Where the requesting party applies for and demonstrates that the furnishing of daily copy is indispensable to the protection of a vital right or interest in achieving a fair hearing, the presiding officer in the proceeding in which the application is made will order that daily copy service be provided the requesting party at the actual cost of duplication, with the full cost of transcription being borne by the Commission. (2) In the event a request for daily copy is denied by the presiding officer, the requesting party, in order to obtain daily copy, must pay the cost of transcription over and above that borne by the Commission, i.e., the incremental cost between that paid by the Commission when it requests regular copy and when it requests daily copy. The decision of the presiding officer in this situation is interpreted as falling within the scope of the functions and powers of the presiding officer, as defined in § 502.25(a). (c) Motions made at the hearing to correct the transcript will be acted upon by the presiding officer. Motions made after an oral hearing to correct the record must be filed with the presiding officer within twenty-five (25) days after the last day of hearing or any session thereof, unless otherwise directed by the presiding officer, and must be served on all parties. If no objections are received within ten (10) days after date of service, the transcript will, upon approval of th… | ||||
| 46:46:9.0.1.1.3.12.1.14 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | L | Subpart L—Presentation of Evidence | § 502.214 Briefs; requests for findings. | FMC | (a) The presiding officer will determine the time and manner of filing briefs and any enlargement of time. (b) Briefs will be served upon all parties pursuant to subpart H of this part. (c) Unless otherwise ordered by the presiding officer, opening or initial briefs must contain the following matters in separately captioned sections: (1) Introductory section describing the nature and background of the case; (2) Proposed findings of fact in serially numbered paragraphs with reference to exhibit numbers and pages of the transcript; (3) Argument based upon principles of law with appropriate citations of the authorities relied upon; and (4) Conclusions. (d) All briefs must contain a subject index or table of contents with page references and a list of authorities cited. (e) All briefs filed pursuant to this section must ordinarily be limited to eighty (80) pages in length, exclusive of pages containing the table of contents, table of authorities, and certificate of service, unless the presiding officer allows the parties to exceed this limit for good cause shown and upon application filed not later than seven (7) days before the time fixed for filing of such a brief or reply. [Rule 214.] | ||||
| 46:46:9.0.1.1.3.12.1.15 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | L | Subpart L—Presentation of Evidence | § 502.215 Requests for enlargement of time for filing briefs. | FMC | Requests for enlargement of time to file briefs must conform to the requirements of § 502.102. [Rule 215.] | ||||
| 46:46:9.0.1.1.3.12.1.16 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | L | Subpart L—Presentation of Evidence | § 502.216 Supplementing the record. | FMC | A motion to supplement the record, pursuant to § 502.69, should be filed if submission of evidence is desired after the parties' presentation in a proceeding, but before issuance by the presiding officer of an initial decision. [Rule 216.] | ||||
| 46:46:9.0.1.1.3.12.1.17 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | L | Subpart L—Presentation of Evidence | § 502.217 Record of decision. | FMC | The transcript of testimony and exhibits, together with all filings and motions filed in the proceeding, will constitute the exclusive record for decision. [Rule 217.] | ||||
| 46:46:9.0.1.1.3.12.1.2 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | L | Subpart L—Presentation of Evidence | § 502.202 Right of parties to present evidence. | FMC | Every party has the right to present its case or defense by oral or documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required for a full and true disclosure of the facts. The presiding officer, however, has the right and duty to limit the introduction of evidence and the examination and cross-examination of witnesses when, in his or her judgment, such evidence or examination is irrelevant, immaterial, or unduly repetitious. [Rule 202.] | ||||
| 46:46:9.0.1.1.3.12.1.3 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | L | Subpart L—Presentation of Evidence | § 502.203 Burden of proof. | FMC | In all cases governed by the requirements of the Administrative Procedure Act, 5 U.S.C. 556(d), the burden of proof is on the proponent of the motion or the order. [Rule 203.] | ||||
| 46:46:9.0.1.1.3.12.1.4 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | L | Subpart L—Presentation of Evidence | § 502.204 Evidence admissible. | FMC | (a) In any proceeding under the rules in this part and in accordance with the Administrative Procedure Act, all evidence which is relevant, material, reliable and probative, and not unduly repetitious or cumulative, will be admissible. All other evidence will be excluded. The presiding officer may consider the Federal Rules of Evidence for guidance. (b) A party who objects to a ruling of the presiding officer rejecting or excluding proffered evidence may make an offer of proof. If the ruling excludes proffered oral testimony, an offer of proof may consist of a statement by counsel of the substance of the evidence that would be adduced, or in the discretion of the presiding officer, testimony of the witness. If the ruling excludes documents offered as evidence or reference to documents or records, the documents or records shall be marked for identification and will constitute the offer of proof. [Rule 204.] | ||||
| 46:46:9.0.1.1.3.12.1.5 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | L | Subpart L—Presentation of Evidence | § 502.205 Records in other proceedings. | FMC | Portions of the record of other proceedings may be received in evidence. A true copy of the records sought to be admitted must be presented in the form of an exhibit unless the presiding officer accepts the parties' stipulation that such records may be incorporated by reference. [Rule 205.] | ||||
| 46:46:9.0.1.1.3.12.1.6 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | L | Subpart L—Presentation of Evidence | § 502.206 Documents incorporated into the record by reference. | FMC | Any matter contained in a document on file with the Commission that is available to the public may be received in evidence through incorporation by reference without producing such document, provided that the matter so offered is specified in such manner as to be clearly identified, with sufficient particularity, and readily located electronically. [Rule 206.] | ||||
| 46:46:9.0.1.1.3.12.1.7 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | L | Subpart L—Presentation of Evidence | § 502.207 Stipulations. | FMC | The parties may, and are encouraged to, stipulate any facts involved in the proceeding and include them in the record with the consent of the presiding officer. A stipulation may be admitted even if all parties do not agree, provided that any party who does not agree to the stipulation has the right to cross-examine and offer rebuttal evidence. [Rule 207.] | ||||
| 46:46:9.0.1.1.3.12.1.8 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | L | Subpart L—Presentation of Evidence | § 502.208 Objection to public disclosure of information. | FMC | (a) If any party wishes to present confidential information or upon objection to public disclosure of any information sought to be elicited, the requirements and procedures in § 502.5 will apply. (b) In an oral hearing, the presiding officer may in his or her discretion order that a witness will disclose such information only in the presence of the parties and those designated and authorized by the presiding officer. Any transcript of such testimony will be held confidential to the extent the presiding officer determines. Copies of transcripts will be served only to authorized parties or their representatives or other parties as the presiding officer may designate. (c) Any information given pursuant to this section may be used by the presiding officer or the Commission if deemed necessary to a correct decision in the proceeding. [Rule 208.] | ||||
| 46:46:9.0.1.1.3.12.1.9 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | L | Subpart L—Presentation of Evidence | § 502.209 Prehearing conference. | FMC | (a)(1) Prior to any hearing, the Commission or presiding officer may direct all interested parties, by written notice, to attend one or more prehearing conferences for the purpose of considering any settlement under § 502.91, formulating the issues in the proceeding, and determining other matters to aid in its disposition. In addition to any offers of settlement or proposals of adjustment, the following may be considered: (i) Simplification of the issues; (ii) The necessity or desirability of amendments to the pleadings; (iii) The possibility of obtaining admissions of fact and of documents that will avoid unnecessary proof; (iv) Limitation of the number of witnesses; (v) The procedure to be used at the hearing; (vi) The distribution to the parties prior to the hearing of written testimony and exhibits; (vii) Consolidation of the examination of witnesses by counsel; (viii) Such other matters as may aid in the disposition of the proceeding. (2) Prior to the hearing, the presiding officer may require exchange of exhibits and any other material that may expedite the hearing. The presiding officer will assume the responsibility of accomplishing the purposes of the notice of prehearing conference so far as this may be possible without prejudice to the rights of any party. (3) The presiding officer will rule upon all matters presented for decision, orally upon the record when feasible, or by subsequent ruling in writing. If a party determines that a ruling made orally does not cover fully the issue presented, or is unclear, such party may file a motion requesting a further ruling within ten (10) days after receipt of the transcript. (b) In any proceeding under the rules in this part, the presiding officer hold an informal conference prior to the taking of testimony, or may recess the hearing for such a conference, with a view to carrying out the purposes of this section. (c) At any prehearing conference, consideration may be given to whether the use of alternative dispute resolution would be appropriate or … | ||||
| 46:46:9.0.1.1.3.13.1.1 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | M | Subpart M—Decisions; Appeals; Exceptions | § 502.221 Appeal from ruling of presiding officer other than orders of dismissal in whole or in part. | FMC | [81 FR 93839, Dec. 22, 2016] | (a) Rulings of the presiding officer may not be appealed prior to or during the course of the hearing, or subsequent thereto, if the proceeding is still before him or her, except where the presiding officer finds it necessary to allow an appeal to the Commission to prevent substantial delay, expense, or detriment to the public interest, or undue prejudice to a party. (b) Any party seeking to appeal must file a motion for leave to appeal no later than fifteen (15) days after written service or oral notice of the ruling in question, unless the presiding officer, for good cause shown, enlarges or shortens the time. Any such motion must contain the grounds for leave to appeal and the appeal itself. (c) Replies to the motion for leave to appeal and the appeal may be filed within fifteen (15) days after date of service thereof, unless the presiding officer, for good cause shown, enlarges or shortens the time. If the motion is granted, the presiding officer must certify the appeal to the Commission. (d) Unless otherwise provided, the certification of the appeal will not operate as a stay of the proceeding before the presiding officer. (e) The provisions of § 502.10 do not apply to this section. [Rule 221.] | |||
| 46:46:9.0.1.1.3.13.1.10 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | M | Subpart M—Decisions; Appeals; Exceptions | § 502.230 Reopening by Commission. | FMC | [81 FR 93839, Dec. 22, 2016] | (a) Reopening by the Commission. After an initial decision by the presiding officer, or in a matter otherwise pending before the Commission, but before issuance of a Commission decision, the Commission may, after petition and reply in conformity with paragraphs (b) and (c) of this section, or upon its own motion, reopen a proceeding for the purpose of taking further evidence. (b) Motion to reopen. A motion to reopen shall be served in conformity with the requirements of subpart H and will set forth the grounds requiring reopening of the proceeding, including material changes of fact or law alleged to have occurred. (c) Reply. Within ten (10) days following service of a motion to reopen, any party may reply to such motion. (d) Remand by the Commission. Nothing contained in this rule precludes the Commission from remanding a proceeding to the presiding officer for the taking of addition evidence or determining points of law. [Rule 230.] | |||
| 46:46:9.0.1.1.3.13.1.2 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | M | Subpart M—Decisions; Appeals; Exceptions | § 502.222 [Reserved] | FMC | |||||
| 46:46:9.0.1.1.3.13.1.3 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | M | Subpart M—Decisions; Appeals; Exceptions | § 502.223 Decisions—Administrative law judges. | FMC | [64 FR 7810, Feb. 17, 1999] | To the administrative law judges is delegated the authority to make and serve initial or recommended decisions. All initial and recommended decisions will include a statement of findings and conclusions, as well as the reasons or basis therefor, upon all the material issues presented on the record, and the appropriate rule, order, sanction, relief, or denial thereof. Where appropriate, the statement of findings and conclusions should be numbered. Initial decisions should address only those issues necessary to a resolution of the material issues presented on the record. A copy of each decision when issued shall be served on the parties to the proceeding. In proceedings involving overcharge claims, the presiding officer may, where appropriate, require that the carrier publish notice in its tariff of the substance of the decision. This provision shall also apply to decisions issued pursuant to subpart T of this part. [Rule 223.] | |||
| 46:46:9.0.1.1.3.13.1.4 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | M | Subpart M—Decisions; Appeals; Exceptions | § 502.224 Separation of functions. | FMC | The separation of functions as required by 5 U.S.C. 554(d) shall be observed in proceedings under subparts A to Q inclusive, of this part. [Rule 224.] | ||||
| 46:46:9.0.1.1.3.13.1.5 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | M | Subpart M—Decisions; Appeals; Exceptions | § 502.225 Decisions—Commission. | FMC | [64 FR 7810, Feb. 17, 1999] | All final decisions will include a statement of findings and conclusions, as well as the reasons or basis therefor, upon all the material issues presented on the record, and the appropriate rule, order, sanction, relief, or denial thereof. A copy of each decision when issued shall be served on the parties to the proceeding. This provision shall also apply to decisions issued pursuant to subpart T of this part. [Rule 225.] | |||
| 46:46:9.0.1.1.3.13.1.6 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | M | Subpart M—Decisions; Appeals; Exceptions | § 502.226 Decision based on official notice; public documents. | FMC | (a) Official notice may be taken of such matters as might be judicially noticed by the courts, or of technical or scientific facts within the general knowledge of the Commission as an expert body, provided, that where a decision or part thereof rests on the official notice of a material fact not appearing in the evidence in the record, the fact of official notice shall be so stated in the decision, and any party, upon timely request, shall be afforded an opportunity to show the contrary. (b) Whenever there is offered in evidence (in whole or in part) a public document, such as an official report, decision, opinion, or published scientific or economic statistical data issued by any of the executive departments (or their subdivisions), legislative agencies or committees, or administrative agencies of the Federal Government (including Government-owned corporations), or a similar document issued by a state or its agencies, and such document (or part thereof) has been shown by the offeror to be reasonably available to the public, such document need not be produced or marked for identification, but may be offered in evidence as a public document by specifying the document or relevant part thereof. [Rule 226.] | ||||
| 46:46:9.0.1.1.3.13.1.7 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | M | Subpart M—Decisions; Appeals; Exceptions | § 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. | FMC | [49 FR 44369, Nov. 6, 1984, as amended at 58 FR 27211, May 7, 1993; 61 FR 66617, Dec. 18, 1996; 64 FR 7810, Feb. 17, 1999; 80 FR 57307, Sept. 23, 2015] | (a)(1) Within twenty-two (22) days after date of service of the initial decision, unless a shorter period is fixed under § 502.103, any party may file a memorandum excepting to any conclusions, findings, or statements contained in such decision, and a brief in support of such memorandum. Such exceptions and brief shall constitute one document, shall indicate with particularity alleged errors, shall indicate transcript page and exhibit number when referring to the record, and shall be served on all parties pursuant to subpart H of this part. (2) Any adverse party may file and serve a reply to such exceptions within twenty-two (22) days after the date of service thereof, which shall contain appropriate transcript and exhibit references. (3) Whenever the officer who presided at the reception of the evidence, or other qualified officer, makes an initial decision, such decision shall become the decision of the Commission thirty (30) days after date of service thereof (and the Secretary shall so notify the parties), unless within such 30-day period, or greater time as enlarged by the Commission for good cause shown, request for review is made in exceptions filed or a determination to review is made by the Commission on its own initiative. (4) A decision or order of dismissal by an administrative law judge shall only be considered final for purposes of judicial review if the party has first sought review by the Commission pursuant to this section. (5) Upon the filing of exceptions to, or review of, an initial decision, such decision shall become inoperative until the Commission determines the matter. (6) Where exceptions are filed to, or the Commission reviews, an initial decision, the Commission, except as it may limit the issues upon notice or by rule, will have all the powers which it would have in making the initial decision. Whenever the Commission shall determine to review an initial decision on its own initiative, notice of such intention shall be served upon the parties. (7) The time periods for filing exc… | |||
| 46:46:9.0.1.1.3.13.1.8 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | M | Subpart M—Decisions; Appeals; Exceptions | § 502.228 Request for enlargement of time to file exceptions and replies to exceptions. | FMC | [80 FR 57307, Sept. 23, 2015] | Requests for enlargement of time to file exceptions, and briefs in support of such exceptions, or replies to exceptions, must conform to the applicable provisions of § 502.102. Any enlargement of time granted will automatically extend by the same period, the date for the filing of notice or review by the Commission. [Rule 228.] | |||
| 46:46:9.0.1.1.3.13.1.9 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | M | Subpart M—Decisions; Appeals; Exceptions | § 502.229 Certification of record by presiding or other officer. | FMC | The presiding or other officer shall certify and transmit the entire record to the Commission when (a) exceptions are filed or the time therefor has expired, (b) notice is given by the Commission that the initial decision will be reviewed on its own initiative, or (c) the Commission requires the case to be certified to it for initial decision. [Rule 229.] | ||||
| 46:46:9.0.1.1.3.14.1.1 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | N | Subpart N—Oral Argument; Submission for Final Decision | § 502.241 Oral argument. | FMC | [49 FR 44369, Nov. 6, 1984, as amended at 52 FR 4144, Feb. 10, 1987] | (a) The Commission may hear oral argument either on its own motion or upon the written request of a party. If oral argument before the Commission is desired on exceptions to an initial or recommended decision, or on a motion, petition, or application, a request therefor shall be made in writing. Any party may make such a request irrespective of its filing exceptions under § 502.227. If a brief on exceptions is filed, the request for oral argument shall be incorporated in such brief. Requests for oral argument on any motion, petition, or application shall be made in the motion, petition, or application, or in the reply thereto. If the Commission determines to hear oral argument, a notice will be issued setting forth the order of presentation and the amount of time allotted to each party. (b)(1) Requests for oral argument will be granted or denied in the discretion of the Commission. (2) Parties requesting oral argument shall set forth the specific issues they propose to address at oral argument. (c) Those who appear before the Commission for oral argument shall confine their argument to points of controlling importance raised on exceptions or replies thereto. Where the facts of a case are adequately and accurately dealt with in the initial or recommended decision, parties should, as far as possible, address themselves in argument to the conclusions. (d) Effort should be made by parties taking the same position to agree in advance of the argument upon those persons who are to present their side of the case, and the names of such persons and the amount of time requested should be received by the Commission not later than ten (10) days before the date set for the argument. The fewer the number of persons making the argument the more effectively can the parties' interests be presented in the time allotted. [Rule 241.] | |||
| 46:46:9.0.1.1.3.14.1.2 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | N | Subpart N—Oral Argument; Submission for Final Decision | § 502.242 Submission to Commission for final decision. | FMC | A proceeding will be deemed submitted to the Commission for final decision as follows: (a) If oral argument is had, the date of completion thereof, or if memoranda on points of law are permitted to be filed after argument, the last date of such filing; (b) if oral argument is not had, the last date when exceptions or replies thereto are filed, or if exceptions are not filed, the expiration date for such exceptions; (c) in the case of an initial decision, the date of notice of the Commission's intention to review the decision, if such notice is given. [Rule 242.] | ||||
| 46:46:9.0.1.1.3.14.1.3 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | N | Subpart N—Oral Argument; Submission for Final Decision | § 502.243 Participation of absent Commissioner. | FMC | Any Commissioner who is not present at oral argument and who is otherwise authorized to participate in a decision shall participate in making that decision after reading the transcript of oral argument unless he or she files in writing an election not to participate. [Rule 243.] | ||||
| 46:46:9.0.1.1.3.15.1.1 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | O | Subpart O—Reparation; Attorney Fees | § 502.251 Proof on award of reparation. | FMC | If many shipments or points of origin or destination are involved in a proceeding in which reparation is sought (See § 502.63), the Commission will determine in its decision the issues as to violations, injury to complainant, and right to reparation. If complainant is found entitled to reparation, the parties thereafter will be given an opportunity to agree or make proof respecting the shipments and pecuniary amount of reparation due before the order of the Commission awarding reparation is entered. In such cases, freight bills and other exhibits bearing on the details of all shipments, and the amount of reparation on each, need not be produced at the original hearing unless called for or needed to develop other pertinent facts. [Rule 251.] | ||||
| 46:46:9.0.1.1.3.15.1.2 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | O | Subpart O—Reparation; Attorney Fees | § 502.252 Reparation statements. | FMC | When the Commission finds that reparation is due, but that the amount cannot be ascertained upon the record before it, the complainant shall immediately prepare a statement in accordance with the approved reparation statement in Exhibit No. 1 to this subpart, showing details of the shipments on which reparation is claimed. This statement shall not include any shipments not covered by the findings of the Commission. Complainant shall forward the statement, together with the paid freight bills on the shipments, or true copies thereof, to the respondent or other person who collected the charges for checking and certification as to accuracy. Statements so prepared and certified shall be filed with the Commission for consideration in determining the amount of reparation due. Disputes concerning the accuracy of amounts may be assigned for conference by the Commission, or in its discretion referred for further hearing. [Rule 252.] | ||||
| 46:46:9.0.1.1.3.15.1.3 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | O | Subpart O—Reparation; Attorney Fees | § 502.253 Interest in reparation proceedings. | FMC | [64 FR 7810, Feb. 17, 1999] | Except as to applications for refund or waiver of freight charges under § 502.271 and claims which are settled by agreement of the parties, and absent fraud or misconduct of a party, interest granted on awards of reparation in complaint proceedings instituted under the Shipping Act of 1984 will accrue from the date of injury to the date specified in the Commission order awarding reparation. Compounding will be daily from the date of injury to the date specified in the Commission order awarding reparation. Normally, the date specified within which payment must be made will be fifteen (15) days subsequent to the date of service of the Commission order. Interest shall be computed on the basis of the average monthly secondary market rate on six-month U.S. Treasury bills commencing with the rate for the month that the injury occurred and concluding with the latest available monthly U.S. Treasury bill rate at the date of the Commission order awarding reparation. The monthly secondary market rates on six-month U.S. Treasury bills for the reparation period will be summed up and divided by the number of months for which interest rates are available in the reparation period to determine the average interest rate applicable during the period. [Rule 253.] | |||
| 46:46:9.0.1.1.3.15.1.4 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | O | Subpart O—Reparation; Attorney Fees | § 502.254 Attorney fees in complaint proceedings. | FMC | [81 FR 10518, Mar. 1, 2016] | (a) General. In any complaint proceeding brought under 46 U.S.C. 41301 (sections 11(a)-(b) of the Shipping Act of 1984), the Commission may, upon petition, award the prevailing party reasonable attorney fees. (b) Definitions. Attorney fees means the fair market value of the services of any person permitted to appear and practice before the Commission in accordance with subpart B of this part. Decision means: (1) An initial decision or dismissal order issued by an administrative law judge; (2) A final decision issued by a small claims officer; or (3) A final decision issued by the Commission. (c) Filing petitions for attorney fees. (1) In order to recover attorney fees, the prevailing party must file a petition within 30 days after a decision becomes final. For purposes of this section, a decision is considered final when the time for seeking judicial review has expired or when a court appeal has terminated. (2) The prevailing party must file the petition with either: (i) The administrative law judge or small claims officer, if that official's decision became administratively final under § 502.227(a)(3), § 502.227(c), § 502.304(g), or § 502.318(a); or (ii) The Commission, if the Commission reviewed the decision of the administrative law judge or small claims officer under § 502.227, § 502.304, or § 502.318. (d) Content of petitions. (1) The petition must: (i) Explain why attorney fees should be awarded in the proceeding; (ii) Specify the number of hours claimed by each person representing the prevailing party at each identifiable stage of the proceeding; and (iii) Include supporting evidence of the reasonableness of the hours claimed and the customary rates charged by attorneys and associated legal representatives in the community where the person practices. (2) The petition may request additional compensation, but any such request must be supported by evidence that the customary rates for the hours reasonably expended on the case would result in an unreasonably low fee award. (e) Replies… | |||
| 46:46:9.0.1.1.3.16.1.1 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | P | Subpart P—Reconsideration of Proceedings | § 502.261 Petitions for reconsideration and stay. | FMC | [49 FR 44369, Nov. 6, 1984, as amended at 58 FR 27211, May 7, 1993] | (a) Within thirty (30) days after issuance of a final decision or order by the Commission, any party may file a petition for reconsideration. Such petition shall be limited to 25 pages in length and shall be served in conformity with the requirements of subpart H of this part. A petition will be subject to summary rejection unless it: (1) Specifies that there has been a change in material fact or in applicable law, which change has occurred after issuance of the decision or order; (2) Identifies a substantive error in material fact contained in the decision or order; or (3) Addresses a finding, conclusion or other matter upon which the party has not previously had the opportunity to comment or which was not addressed in the briefs or arguments of any party. Petitions which merely elaborate upon or repeat arguments made prior to the decision or order will not be received. A petition shall be verified if verification of the original pleading is required and shall not operate as a stay of any rule or order of the Commission. (b) A petition for stay of a Commission order which directs the discontinuance of statutory violations will not be received. (c) The provisions of this section are not applicable to decisions issued pursuant to subpart S of this part. [Rule 261.] | |||
| 46:46:9.0.1.1.3.16.1.2 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | P | Subpart P—Reconsideration of Proceedings | § 502.262 Reply to petition for reconsideration or stay. | FMC | [58 FR 27211, May 7, 1993] | Any party may file a reply in opposition to a petition for reconsideration or stay within fifteen (15) days after the date of service of the petition in accordance with § 502.74. The reply shall be limited to 25 pages in length and shall be served in conformity with subpart H of this part. [Rule 262.] | |||
| 46:46:9.0.1.1.3.17.1.1 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | Q | Subpart Q—Refund or Waiver of Freight Charges | § 502.271 Special docket application for permission to refund or waive freight charges. | FMC | [64 FR 7811, Feb. 17, 1999, as amended at 65 FR 81759, Dec. 27, 2000; 67 FR 39859, June 11, 2002; 70 FR 7669, Feb. 15, 2005; 70 FR 10329, Mar. 3, 2005; 70 FR 44867, Aug. 4, 2005; 81 FR 59144, Aug. 29, 2016; 83 FR 50294, Oct. 5, 2018; 85 FR 72578, Nov. 13, 2020; 88 FR 16897, Mar. 21, 2023] | (a)(1) A common carrier or a shipper may file a special docket application seeking permission for a common carrier or conference to refund or waive collection of a portion of freight charges if there is: (i) An error in the tariff; (ii) An error in failing to publish a new tariff; or (iii) An error in quoting a tariff . (2) Such refund or waiver must not result in discrimination among shippers, ports, or carriers. (b) Such application must be filed within one hundred eighty (180) days from the date of sailing of the vessel from the port at which the cargo was loaded. An application is filed when it is placed in the mail, delivered to a courier, or, if delivered by another method, when it is received by the Commission. Filings by mail or courier must include a certification as to date of mailing or delivery to the courier. (c) Prior to submission of the application for a refund for an error in a tariff or a failure to publish a new tariff, the carrier or conference must publish a new tariff which sets forth the rate on which refund or waiver would be based. (d) Such application must be in accordance with Exhibit 1 to this Subpart and must also comply with the following requirements: (1) Applications must be submitted to the Office of the Secretary, Federal Maritime Commission, Washington, DC 20573-0001. (2) Applications must be submitted in an original and one (1) copy. (3) Applications must be sworn to before a notary public or otherwise verified in accordance with § 502.112. (4) When a rate published in a conference tariff is involved, the carrier or shipper must serve a copy of the application on the conference and so certify in accordance with § 502.117 to that service in the application. A shipper must also make a similar service and certification with respect to the common carrier. (5) Applications must be accompanied by remittance of a $187 filing fee. (e) Any application which does not furnish the information required by this Subpart may be returned to the applicant by the Secretary without pr… | |||
| 46:46:9.0.1.1.3.18.1.1 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | R | Subpart R—Nonadjudicatory Investigations | § 502.281 Investigational policy. | FMC | The Commission has extensive regulatory duties under the various acts it is charged with administering. The conduct of investigations is essential to the proper exercise of the Commission's regulatory duties. It is the purpose of this subpart to establish procedures for the conduct of such investigations which will insure protection of the public interest in the proper and effective administration of the law. The Commission encourages voluntary cooperation in its investigations where such can be effected without delay or without prejudice to the public interest. The Commission may, in any matter under investigation, invoke any or all of the compulsory processes authorized by law. [Rule 281.] | ||||
| 46:46:9.0.1.1.3.18.1.10 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | R | Subpart R—Nonadjudicatory Investigations | § 502.290 Rights of witness. | FMC | Any person required to testify or to submit documentary evidence shall be entitled to retain or, on payment of lawfully prescribed cost, procure a copy of any document produced by such person and of his or her own testimony as stenographically reported or, in the depositions, as reduced to writing by or under the direction of the person taking the deposition. Any party compelled to testify or to produce documentary evidence may be accompanied and advised by counsel, but counsel may not, as a matter or right, otherwise participate in the investigation. [Rule 290.] | ||||
| 46:46:9.0.1.1.3.18.1.11 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | R | Subpart R—Nonadjudicatory Investigations | § 502.291 Nonpublic proceedings. | FMC | Unless otherwise ordered by the Commission, all investigatory proceedings shall be nonpublic. [Rule 291.] | ||||
| 46:46:9.0.1.1.3.18.1.2 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | R | Subpart R—Nonadjudicatory Investigations | § 502.282 Initiation of investigations. | FMC | Commission inquiries and nonadjudicatory investigations are originated by the Commission upon its own motion when in its discretion the Commission determines that information is required for the purposes of rulemaking or is necessary or helpful in the determination of its policies or the carrying out of its duties, including whether to institute formal proceedings directed toward determining whether any of the laws which the Commission administers have been violated. [Rule 282.] | ||||
| 46:46:9.0.1.1.3.18.1.3 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | R | Subpart R—Nonadjudicatory Investigations | § 502.283 Order of investigation. | FMC | When the Commission has determined that an investigation is necessary, an Order of Investigation shall be issued. [Rule 283.] | ||||
| 46:46:9.0.1.1.3.18.1.4 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | R | Subpart R—Nonadjudicatory Investigations | § 502.284 By whom conducted. | FMC | Investigations are conducted by Commission representatives designated and duly authorized for the purpose. (See § 502.25.) Such representatives are authorized to exercise the duties of their office in accordance with the laws of the United States and the regulations of the Commission, including the resort to all compulsory processes authorized by law, and the administration of oaths and affirmances in any matters under investigation by the Commission. [Rule 284.] | ||||
| 46:46:9.0.1.1.3.18.1.5 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | R | Subpart R—Nonadjudicatory Investigations | § 502.285 Investigational hearings. | FMC | (a) Investigational hearings, as distinguished from hearings in adjudicatory proceedings, may be conducted in the course of any investigation undertaken by the Commission, including inquiries initiated for the purpose of determining whether or not a person is complying with an order of the Commission. (b) Investigational hearings may be held before the Commission, one or more of its members, or a duly designated representative, for the purpose of hearing the testimony of witnesses and receiving documents and other data relating to any subject under investigation. Such hearings shall be stenographically reported and a transcript thereof shall be made a part of the record of investigation. [Rule 285.] | ||||
| 46:46:9.0.1.1.3.18.1.6 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | R | Subpart R—Nonadjudicatory Investigations | § 502.286 Compulsory process. | FMC | [49 FR 44369, Nov. 6, 1984, as amended at 76 FR 10262, Feb. 24, 2011] | The Commission, or its designated representative may issue orders or subpoenas directing the person named therein to appear before a designated representative at a designated time and place to testify or to produce documentary evidence relating to any matter under investigation, or both. Such orders and subpoenas shall be served in the manner provided in § 502.134. [Rule 286.] | |||
| 46:46:9.0.1.1.3.18.1.7 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | R | Subpart R—Nonadjudicatory Investigations | § 502.287 Depositions. | FMC | [49 FR 44369, Nov. 6, 1984; 49 FR 47394, Dec. 4, 1984] | The Commission, or its duly authorized representative, may order testimony to be taken by deposition in any investigation at any stage of such investigation. Such depositions may be taken before any person designated by the Commission having the power to administer oaths. Such testimony shall be reduced to writing by the person taking the deposition or under his or her direction, and shall then be subscribed by the deponent. Any person may be compelled to appear and be deposed and to produce evidence in the same manner as witnesses may be compelled to appear and testify and produce documentary evidence as provided in § 502.131. [Rule 287.] | |||
| 46:46:9.0.1.1.3.18.1.8 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | R | Subpart R—Nonadjudicatory Investigations | § 502.288 Reports. | FMC | The Commission may issue an order requiring a person to file a report or answers in writing to specific questions relating to any matter under investigation. [Rule 288.] | ||||
| 46:46:9.0.1.1.3.18.1.9 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | R | Subpart R—Nonadjudicatory Investigations | § 502.289 Noncompliance with investigational process. | FMC | In case of failure to comply with Commission investigational processes, appropriate action may be initiated by the Commission, including actions for enforcement by the Commission or the Attorney General and forfeiture of penalties or criminal actions by the Attorney General. [Rule 289.] | ||||
| 46:46:9.0.1.1.3.19.1.1 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | S | Subpart S—Informal Procedure for Adjudication of Small Claims | § 502.301 Statement of policy. | FMC | [49 FR 44369, Nov. 6, 1984, as amended at 64 FR 7812, Feb. 17, 1999; 66 FR 43513, Aug. 20, 2001; 74 FR 50716, Oct. 1, 2009; 79 FR 46715, Aug. 11, 2014] | (a) Section 11(a) of the Shipping Act of 1984 (46 U.S.C. 41301(a)) permits any person to file a complaint with the Commission claiming a violation occurring in connection with the foreign commerce of the United States and to seek reparation for any injury caused by that violation. (b) With the consent of both parties, claims filed under this subpart in the amount of $50,000 or less will be decided by a Small Claims Officer appointed by the Federal Maritime Commission's Chief Administrative Law Judge, without the necessity of formal proceedings under the rules of this part. Authority to issue decisions under this subpart is delegated to the appointed Small Claims Officer. (c) Determination of claims under this subpart shall be administratively final and conclusive. [Rule 301.] | |||
| 46:46:9.0.1.1.3.19.1.2 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | S | Subpart S—Informal Procedure for Adjudication of Small Claims | § 502.302 Limitations of actions. | FMC | [49 FR 44369, Nov. 6, 1984, as amended at 64 FR 7812, Feb. 17, 1999] | (a) Claims alleging violations of the Shipping Act of 1984 must be filed within three years from the time the cause of action accrues. (b) A claim is deemed filed on the date it is received by the Commission. [Rule 302.] | |||
| 46:46:9.0.1.1.3.19.1.3 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | S | Subpart S—Informal Procedure for Adjudication of Small Claims | § 502.303 [Reserved] | FMC | |||||
| 46:46:9.0.1.1.3.19.1.4 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | S | Subpart S—Informal Procedure for Adjudication of Small Claims | § 502.304 Procedure and filing fee. | FMC | [49 FR 44369, Nov. 6, 1984, as amended at 59 FR 59170, Nov. 16, 1994; 67 FR 39859, June 11, 2002; 70 FR 10329, Mar. 3, 2005; 79 FR 46715, Aug. 11, 2014; 80 FR 14319, Mar. 19, 2015; 81 FR 59144, Aug. 29, 2016; 83 FR 50294, Oct. 5, 2018; 85 FR 72578, Nov. 13, 2020; 88 FR 16897, Mar. 21, 2023] | (a) A sworn claim under this subpart shall be filed in the form prescribed in Exhibit No. 1 to this subpart. Three (3) copies of this claim must be filed, together with the same number of copies of such supporting documents as may be deemed necessary to establish the claim. Copies of tariff pages need not be filed; reference to such tariffs or to pertinent parts thereof will be sufficient. Supporting documents may consist of affidavits, correspondence, bills of lading, paid freight bills, export declarations, dock or wharf receipts, or of such other documents as, in the judgment of the claimant, tend to establish the claim. The Small Claims Officer may, if deemed necessary, request additional documents or information from claimants. Claimant may attach a memorandum, brief or other document containing discussion, argument, or legal authority in support of its claim. If a claim filed under this subpart involves any shipment which has been the subject of a previous claim filed with the Commission, formally or informally, full reference to such previous claim must be given. (b) Claims under this subpart shall be addressed to the Office of the Secretary, Federal Maritime Commission, Washington, DC 20573. Such claims must be accompanied by remittance of a $176 filing fee. (c) Each claim under this subpart will be acknowledged with a reference to the Informal Docket Number assigned. The number shall consist of a numeral(s) followed by capital “I” in parentheses. All further correspondence pertaining to such claims must refer to the assigned Informal Docket Number. If the documents filed fail to establish a claim for which relief may be granted, the parties affected will be so notified in writing. The claimant may thereafter, but only if the period of limitation has not run, resubmit its claim with such additional proof as may be necessary to establish the claim. In the event a complaint has been amended because it failed to state a claim upon which relief may be granted, it will be considered as a new complaint. (d) … | |||
| 46:46:9.0.1.1.3.19.1.5 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | S | Subpart S—Informal Procedure for Adjudication of Small Claims | § 502.305 Applicability of other rules of this part. | FMC | [76 FR 10262, Feb. 24, 2011, as amended at 80 FR 14319, Mar. 19, 2015; 81 FR 10519, Mar. 1, 2016] | (a) Except otherwise specifically provided in this subpart or in paragraph (b) of this section, the sections in subparts A through Q, inclusive, of this part do not apply to situations covered by this subpart. (b) The following sections in subparts A through Q of this part apply to situations covered by this subpart: §§ 502.2(a) (Requirement for filing); 502.2(f)(1) (Email transmission of filings); 502.2(i) (Continuing obligation to provide contact information); 502.7 (Documents in foreign languages); 502.21 through 502.23 (Appearance, Authority for representation, Notice of appearance; substitution and withdrawal of representative); 502.43 (Substitution of parties); 502.101 (Computation); 502.113 (Service of private party complaints); 502.117 (Certificate of service); 502.253 (Interest in reparation proceedings); and 502.254 (Attorney fees in complaint proceedings). [Rule 305.] | |||
| 46:46:9.0.1.1.3.2.1.1 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | B | Subpart B—Appearance and Practice Before the Commission | § 502.21 Appearance. | FMC | [49 FR 44369, Nov. 6, 1984, as amended at 64 FR 7807, Feb. 17, 1999; 78 FR 45069, July 26, 2013] | (a) Parties. A party may appear in person or by an officer, partner, or regular employee of the party, or by or with counsel or other duly qualified representative, in any proceeding under the rules in this part. Any party or his or her representative may testify, produce and examine witnesses, and be heard upon brief and at oral argument if oral argument is granted. (b) Non-parties. One who appears in person before the Commission or a representative thereof, either by compulsion from, or request or permission of the Commission, shall be accorded the right to be accompanied, represented, and advised by counsel. (c) Special appearance. An appearance may be either general, that is, without reservation, or it may be special, that is, confined to a particular issue or question. A person who desires to appear specially must expressly so state when entering the appearance, and, at that time, shall also state the questions or issues to which the appearance is confined; otherwise the appearance will be considered general. [Rule 21.] | |||
| 46:46:9.0.1.1.3.2.1.10 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | B | Subpart B—Appearance and Practice Before the Commission | § 502.32 Former employees. | FMC | [49 FR 44369, Nov. 6, 1984; 49 FR 47394, Dec. 4, 1984, as amended at 77 FR 61524, Oct. 10, 2012] | Title V of the Ethics in Government Act proscribes certain activities by certain former Federal employees (18 U.S.C. 207). In summary, as applied to former Commission employees, the restrictions and basic procedures are as follows: (a) Restrictions. (1) No former Commission employee may represent in any formal or informal appearance or make any oral or written communication with intent to influence a U.S. Government agency in a particular matter involving a specific party or parties in which the employee participated personally and substantially while with the Commission. (2) No former Commission employee may, within two years of terminating Commission employment, act as a representative in the manner described in paragraph (a)(1) of this section, as to a particular matter which was actually pending under the employee's official responsibility within one year prior to termination of the employment. (3) Former senior Commission employees (defined as Commissioners and members of the Senior Executive Service as designated by the Office of Government Ethics under 18 U.S.C. 207(d)(1)) may not, for two years after terminating Commission employment, assist in representing a person by personal presence at an appearance before the Government on a matter in which the former employee had participated personally and substantially while at the Commission. (4) Former senior Commission employees, as defined in paragraph (a)(3) of this section, are barred for one year from representing parties before the Commission or communicating with intent to influence the Commission, regardless of prior involvement in the particular proceeding. (b) Prior consent for appearance. (1) Prior to making any appearance, representation or communication described in paragraph (a) of this section, and, in addition to other requirements of this subpart, every former employee must apply for and obtain prior written consent of the Commission for each proceeding or matter in which such appearance, representation, or communication is contemplated… | |||
| 46:46:9.0.1.1.3.2.1.2 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | B | Subpart B—Appearance and Practice Before the Commission | § 502.22 Authority for representation. | FMC | Any individual acting in a representative capacity in any proceeding before the Commission may be required to show his or her authority to act in such capacity. [Rule 22.] | ||||
| 46:46:9.0.1.1.3.2.1.3 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | B | Subpart B—Appearance and Practice Before the Commission | § 502.23 Notice of appearance; substitution and withdrawal of representative. | FMC | [64 FR 7807, Feb. 17, 1999, as amended at 78 FR 45069, July 26, 2013] | (a) Upon filing of a complaint instituting proceedings or filing of an answer to an order or complaint, the party filing shall notify the Commission of the name(s), address(es), telephone number(s), and email address(es) of the person or persons who will represent the party in the pending proceeding. Each person who appears in a representative capacity in a proceeding must deliver a written notice of appearance to the Secretary stating for whom the appearance is made. Such notice must indicate whether the representative wishes to be notified of notices, orders and decisions by either email or facsimile transmission. All appearances shall be noted in the record. Motions for leave to intervene must indicate the name(s), address(es), telephone number(s), and email address(es) of the person or persons who will represent the intervenor in the pending proceeding if the motion is granted. (b) A Notice of Appearance should follow the form set forth in Exhibit No. 1 to this subpart. (c) An attorney must represent in the Notice of Appearance that he is admitted to practice and in good standing. A non-attorney must describe his or her authority to act in such capacity. (d) If an attorney or other representative of record is superseded, there shall be filed a stipulation of substitution signed both by the attorney(s) or representative(s) and by the party, or a written notice from the party to the Commission with a Notice of Appearance included. Substitution of counsel or representative will not, by itself, be considered good cause for delaying a proceeding. (e) If an attorney wishes to withdraw from representing a party, and written consent is not obtained, or if the party is not otherwise represented, the withdrawing attorney shall file an appropriate motion seeking permission to withdraw and provide appropriate reasons for making the motion. Such motion will be decided in consideration of the factors and standards set forth in Rule 1.16 of the American Bar Association's Model Rules of Professional Conduct and by the co… | |||
| 46:46:9.0.1.1.3.2.1.4 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | B | Subpart B—Appearance and Practice Before the Commission | § 502.24 Practice before the Commission defined. | FMC | [49 FR 44369, Nov. 6, 1984, as amended at 64 FR 7807, Feb. 17, 1999] | (a) Practice before the Commission shall be deemed to comprehend all matters connected with the presentation of any matter to the Commission, including the preparation and filing of necessary documents, and correspondence with and communications to the Commission, on one's own behalf or representing another. (See § 502.32). (b) The term “Commission” as used in this subpart includes any bureau, division, office, branch, section, or unit of the Federal Maritime Commission and any officer or employee of such bureau, division, office, branch, section, or unit. [Rule 24.] | |||
| 46:46:9.0.1.1.3.2.1.5 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | B | Subpart B—Appearance and Practice Before the Commission | § 502.25 Presiding officer. | FMC | [78 FR 45069, July 26, 2013] | (a) Definition. Presiding officer includes, where applicable, one or more members of the Commission or an administrative law judge. (b) Functions and powers. The officer designated to hear a case shall have the following powers: (1) Notices of hearing, subpoenas, depositions, pleadings and scope of proceedings. To arrange and give notice of hearing; sign and issue subpoenas authorized by law; take or cause depositions to be taken; rule upon proposed amendments or supplements to pleadings; and, delineate the scope of a proceeding instituted by order of the Commission by amending, modifying, clarifying, or interpreting said order. (2) Alternative means of dispute resolution and conferences for settlement or simplification of issues. To inform the parties as to the availability of one or more alternative means of dispute resolution, encourage use of such methods, and require consideration of their use at an early state of the proceeding; hold conferences for the settlement or simplification of the issues by consent of the parties or by the use of alternative means of dispute resolution; transmit the request of parties for the appointment of a mediator or settlement judge, as provided by § 502.91; and require the attendance at any such conference pursuant to 5 U.S.C 556(c)(8), of at least one representative of each party who has authority to negotiate concerning resolution of issues in controversy. (3) Hearings, evidence, procedural requests, motions, oaths and affirmations, and witnesses. To regulate the course of a hearing; prescribe the order in which evidence shall be presented; dispose of procedural requests or similar matters; hear and rule upon motions; administer oaths and affirmations; examine witnesses; direct witnesses to testify or produce evidence available to them; rule upon offers of proof and receive relevant, material, reliable, and probative evidence; act upon motions to intervene; permit submission of facts, arguments, offers of settlement, and proposals of adjustment; and, if the par… | |||
| 46:46:9.0.1.1.3.2.1.6 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | B | Subpart B—Appearance and Practice Before the Commission | § 502.26 Attorneys at law. | FMC | [64 FR 7807, Feb. 17, 1999, as amended at 78 FR 45069, July 26, 2013] | Attorneys at law who are admitted to practice before the Federal courts or before the courts of any State or Territory of the United States may practice before the Commission. An attorney practicing before the Commission is expected to conform to the standards of conduct set forth in the American Bar Association's Model Rules of Professional Conduct in addition to the specific requirements of this chapter. [Rule 26.] | |||
| 46:46:9.0.1.1.3.2.1.7 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | B | Subpart B—Appearance and Practice Before the Commission | § 502.27 Persons not attorneys at law. | FMC | [49 FR 44369, Nov. 6, 1984, as amended at 55 FR 42194, Oct. 18, 1990; 58 FR 58976, Nov. 5, 1993; 62 FR 6132, Feb. 11, 1997; 64 FR 7807, Feb. 17, 1999; 76 FR 10261, Feb. 24, 2011; 78 FR 45070, July 26, 2013; 85 FR 72577, Nov. 13, 2020] | (a)(1) Any person who is not an attorney at law may be admitted to practice before the Commission if he or she is a citizen of the United States and files proof to the satisfaction of the Commission that he or she possesses the necessary legal, technical, or other qualifications to render valuable service before the Commission and is otherwise competent to advise and assist in the presentation of matters before the Commission. Applications by persons not attorneys at law for admission to practice before the Commission shall be made on the forms prescribed therefor, which may be obtained from the Secretary of the Commission, and shall be addressed to the Federal Maritime Commission, Washington, DC, 20573, and shall be accompanied by a fee as required by § 503.50(d) of this chapter. (2) The application for admission to practice before the Commission by persons not attorneys at law can be downloaded from the Commission's Web site, www.fmc.gov, or acquired from the Secretary of the Commission and must be accompanied by a fee as required by § 503.43(e) of this chapter. The application should be sent to the Federal Maritime Commission, Washington, DC 20573. (3) All applicants must complete the following certification: I. __________________________ (Name) ________________________, certify under penalty of perjury under the laws of the United States, that I have not been convicted, after September 1, 1989, of any Federal or State offense involving the distribution or possession of a controlled substance, or that if I have been so convicted, I am not ineligible to receive Federal benefits, either by court order or operation of law, pursuant to 21 U.S.C. 862. (b) The Commission, in its discretion, may call upon the applicant for a full statement of the nature and extent of his or her qualifications. If the Commission is not satisfied as to the sufficiency of the applicant's qualifications, it will so notify him or her by registered mail, whereupon he or she shall be granted a hearing upon request for the purpose of s… | |||
| 46:46:9.0.1.1.3.2.1.8 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | B | Subpart B—Appearance and Practice Before the Commission | §§ 502.29-502.30 [Reserved] | FMC | |||||
| 46:46:9.0.1.1.3.2.1.9 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | B | Subpart B—Appearance and Practice Before the Commission | § 502.31 Statement of interest. | FMC | The Commission may call upon any practitioner for a full statement of the nature and extent of his or her interest in the subject matter presented by him or her before the Commission. [Rule 31.] | ||||
| 46:46:9.0.1.1.3.20.1.1 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | T | Subpart T—Formal Procedure for Adjudication of Small Claims | § 502.311 Applicability. | FMC | In the event the respondent elects not to consent to determination of the claim under subpart S of this part, it shall be adjudicated by the administrative law judges of the Commission under procedures set forth in this subpart, if timely filed under § 502.302. The previously assigned Docket Number shall be used except that it shall now be followed by capital “F” instead of “I” in parentheses (See § 502.304(c)). The complaint shall consist of the documents submitted by the claimant under subpart S of this part. [Rule 311.] | ||||
| 46:46:9.0.1.1.3.20.1.10 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | T | Subpart T—Formal Procedure for Adjudication of Small Claims | § 502.320 Service. | FMC | All claims, resubmitted claims, petitions to intervene and rulings thereon, notices of oral hearings, notices of oral arguments (if necessary), decisions of the administrative law judge, notices of review, and Commission decisions shall be served by the administrative law judge or the Commission. All other pleadings, documents and filings shall, when tendered to the Commission, evidence service upon all parties to the proceeding. Such certificate shall be in substantially the following form: Certificate of Service I hereby certify that I have this day served the foregoing document upon all parties of record in this proceeding by [mailing, delivering to courier, or delivering in person], a copy to each such person in sufficient time to reach such person on the date the document is due to be filed with the Commission. Dated at ____________________ this ________________ day of __________________, 19____. (Signature) (For) [Rule 320.] I hereby certify that I have this day served the foregoing document upon all parties of record in this proceeding by [mailing, delivering to courier, or delivering in person], a copy to each such person in sufficient time to reach such person on the date the document is due to be filed with the Commission. Dated at ____________________ this ________________ day of __________________, 19____. [Rule 320.] | ||||
| 46:46:9.0.1.1.3.20.1.11 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | T | Subpart T—Formal Procedure for Adjudication of Small Claims | § 502.321 Applicability of other rules of this part. | FMC | [76 FR 10262, Feb. 24, 2011, as amended at 81 FR 10519, Mar. 1, 2016] | (a) Except otherwise specifically provided in this subpart or in paragraph (b) of this section, the sections in subparts A through Q, inclusive, of this part do not apply to situations covered by this subpart. (b) The following sections in subparts A through Q apply to situations covered by this subpart: §§ 502.2(a) (Requirement for filing); 502.2(f)(1) (Email transmission of filings); 502.2(i) (Continuing obligation to provide contact information); 502.7 (Documents in foreign languages); 502.21-502.23 (Appearance, Authority for representation, Notice of appearance; substitution and withdrawal of representative); 502.43 (Substitution of parties); 502.253 (Interest in reparation proceedings); and 502.254 (Attorney fees in complaint proceedings). [Rule 321.] | |||
| 46:46:9.0.1.1.3.20.1.2 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | T | Subpart T—Formal Procedure for Adjudication of Small Claims | § 502.312 Answer to complaint. | FMC | [49 FR 44369, Nov. 6, 1984; 49 FR 47394, Dec. 4, 1984] | The respondent shall file with the Commission an answer within twenty-five (25) days of service of the complaint and shall serve a copy of said answer upon complainant. The answer shall admit or deny each matter set forth in the complaint. Matters not specifically denied will be deemed admitted. Where matters are urged in defense, the answer shall be accompanied by appropriate affidavits, other documents, and memoranda. [Rule 312.] | |||
| 46:46:9.0.1.1.3.20.1.3 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | T | Subpart T—Formal Procedure for Adjudication of Small Claims | § 502.313 Reply of complainant. | FMC | Complainant may, within twenty (20) days of service of the answer filed by respondent, file with the Commission and serve upon the respondent a reply memorandum accompanied by appropriate affidavits and supporting documents. [Rule 313.] | ||||
| 46:46:9.0.1.1.3.20.1.4 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | T | Subpart T—Formal Procedure for Adjudication of Small Claims | § 502.314 Additional information. | FMC | The administrative law judge may require the submission of additional affidavits, documents, or memoranda from complainant or respondent. [Rule 314.] | ||||
| 46:46:9.0.1.1.3.20.1.5 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | T | Subpart T—Formal Procedure for Adjudication of Small Claims | § 502.315 Request for oral hearing. | FMC | [49 FR 44369, Nov. 6, 1984; 49 FR 47394, Dec. 4, 1984] | In the usual course of disposition of complaints filed under this subpart, no oral hearing will be held, but, the administrative law judge, in his or her discretion, may order such hearing. A request for oral hearing may be incorporated in the answer or in complainant's reply to the answer. Requests for oral hearing will not be entertained unless they set forth in detail the reasons why the filing of affidavits or other documents will not permit the fair and expeditious disposition of the claim, and the precise nature of the facts sought to be proved at such oral hearing. The administrative law judge shall rule upon a request for oral hearing within ten (10) days of its receipt. In the event an oral hearing is ordered, it will be held in accordance with the rules applicable to other formal proceedings, as set forth in subparts A through Q of this part. [Rule 315.] | |||
| 46:46:9.0.1.1.3.20.1.6 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | T | Subpart T—Formal Procedure for Adjudication of Small Claims | § 502.316 Intervention. | FMC | Intervention will ordinarily not be permitted. [Rule 316.] | ||||
| 46:46:9.0.1.1.3.20.1.7 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | T | Subpart T—Formal Procedure for Adjudication of Small Claims | § 502.317 Oral argument. | FMC | No oral argument will be held unless otherwise directed by the administrative law judge. [Rule 317.] | ||||
| 46:46:9.0.1.1.3.20.1.8 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | T | Subpart T—Formal Procedure for Adjudication of Small Claims | § 502.318 Decision. | FMC | [49 FR 44369, Nov. 6, 1984, as amended at 52 FR 6332, Mar. 3, 1987; 74 FR 50717, Oct. 1, 2009; 81 FR 10519, Mar. 1, 2016] | (a) The decision of the administrative law judge shall be final, unless, within twenty-two (22) days from the date of service of the decision, either party requests review of the decision by the Commission, asserting as grounds therefor that a material finding of fact or a necessary legal conclusion is erroneous or that prejudicial error has occurred, or unless, within thirty (30) days from the date of service of the decision, the Commission exercises its discretionary right to review the decision. The Commission shall not, on its own initiative, review any decision or order of dismissal unless such review is requested by an individual Commissioner. Any such request must be transmitted to the Secretary within thirty (30) days after date of service of the decision or order. Such request shall be sufficient to bring the matter before the Commission for review. [Rule 318.] (b) Attorney fees may be awarded to the prevailing party in accordance with § 502.254. [Rule 318.] | |||
| 46:46:9.0.1.1.3.20.1.9 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | T | Subpart T—Formal Procedure for Adjudication of Small Claims | § 502.319 Date of service and computation of time. | FMC | [80 FR 57307, Sept. 23, 2015] | (a) The date of service of documents served by the Commission will be the date shown in the service stamp placed on the first page of the document. The date of service of documents served by parties will be the date when the document served is transmitted by email, deposited in the United States mail, delivered to a courier, or delivered in person. If service is made by more than one method, for example email and also U.S. mail service, the date of service will be the earlier of the two actions. In computing the time from such dates, the provisions of § 502.101 shall apply. [Rule 319.] (b) In computing any time period prescribed or allowed under the rules in this Part, the period begins on the day following the act, event, or default that triggers the period and includes the last day of the time period. If the last day is a Saturday, Sunday, or federal holiday, the time period continues to the next day that is not a Saturday, Sunday, or federal holiday. If the presiding officer prescribes or allows an act, event, or default by reference to a specific date, that date will govern. If the Commission's offices are inaccessible on the last day for a filing, the time for filing is extended to the first accessible day that is not a Saturday, Sunday, or federal holiday. | |||
| 46:46:9.0.1.1.3.21.1.1 | 46 | Shipping | IV | A | 502 | PART 502—RULES OF PRACTICE AND PROCEDURE | U | Subpart U—Alternative Dispute Resolution | § 502.401 Policy. | FMC | [66 FR 43513, Aug. 20, 2001, as amended at 70 FR 7669, Feb. 15, 2005; 70 FR 44867, Aug. 4, 2005] | It is the policy of the Federal Maritime Commission to use alternative means of dispute resolution to the fullest extent compatible with the law and the agency's mission and resources. The Commission will consider using ADR in all areas including workplace issues, formal and informal adjudication, issuance of regulations, enforcement and compliance, issuing and revoking licenses and permits, contract award and administration, litigation brought by or against the Commission, and other interactions with the public and the regulated community. The Commission will provide learning and development opportunities for its employees to develop their ability to use conflict resolution skills, instill knowledge of the theory and practice of ADR, and to facilitate appropriate use of ADR. To this end, all parties to matters under this part are required to consider use of a wide range of alternative means to resolve disputes at an early stage. Parties are encouraged to pursue use of alternative means through the Commission's Office of Consumer Affairs and Dispute Resolution Services in lieu of or prior to initiating a Commission proceeding. All employees and persons who interact with the Commission are encouraged to identify opportunities for collaborative, consensual approaches to dispute resolution or rulemaking. |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);