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Electronic Code of Federal Regulations

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e-CFR Data is current as of April 22, 2014

TITLE 46—Shipping

CHAPTER IV—FEDERAL MARITIME COMMISSION

SUBCHAPTER A—GENERAL AND ADMINISTRATIVE PROVISIONS

PART 502—RULES OF PRACTICE AND PROCEDURE

rule

Subpart A—GENERAL INFORMATION

§502.1
Scope of rules in this part.
§502.2
Filing of documents.
§502.3
Compliance with rules or orders of Commission.
§502.4
Authentication of rules or orders of Commission.
§502.5
Documents containing confidential materials.
§502.6
Verification of documents.
§502.7
Documents in foreign languages.
§502.8
Denial of applications and notice thereof.
§502.9
Suspension, amendment, etc., of rules in this part.
§502.10
Waiver of rules in this part.
§502.11
Ex parte communications.
§502.12
Applicability of Federal Rules of Civil Procedure.
§502.13
Privacy protection for filings made with the Commission.
rule

Subpart B—APPEARANCE AND PRACTICE BEFORE THE COMMISSION

§502.21
Appearance.
§502.22
Authority for representation.
§502.23
Notice of appearance; substitution and withdrawal of representative.
§502.24
Practice before the Commission defined.
§502.25
Presiding officer.
§502.26
Attorneys at law.
§502.27
Persons not attorneys at law.
§§502.29-502.30
[Reserved]
§502.31
Statement of interest.
§502.32
Former employees.
Appendix
Exhibit No. 1 to Subpart B [§§502.23, 502.26, 502.27] of Part 502—Notice of Appearance
rule

Subpart C—PARTIES

§502.41
Parties; how designated.
§502.42
Bureau of Enforcement.
§502.43
Substitution of parties.
rule

Subpart D—RULEMAKING

§502.51
Initiation of procedure to issue, amend, or repeal a rule.
§502.52
Notice of proposed rulemaking.
§502.53
Participation in rulemaking.
§502.54
Contents of rules.
§502.55
Effective date of rules.
§502.56
Negotiated rulemaking.
§502.57
Service by parties of pleadings and other documents.
rule

Subpart E—PROCEEDINGS; PLEADINGS; MOTIONS; REPLIES

§502.61
Proceedings.
§502.62
Private party complaints for formal adjudication.
§502.63
Commission enforcement action.
§502.64
Alternative dispute resolution.
§502.65
Decision on default.
§502.66
Amendments or supplements to pleadings.
§502.67
Motion for more definite statement.
§502.68
Motion for leave to intervene.
§502.69
Motions.
§502.70
Procedure for dispositive motions.
§502.71
Procedure for non-dispositive motions.
§502.72
Dismissals.
§502.73
Order to show cause.
§502.74
Exemption procedures—general.
§502.75
Declaratory orders and fee.
§502.76
Petitions—general and fee.
§502.77
Proceedings involving assessment agreements.
§502.78
Brief of an amicus curiae.
§502.79
Consolidation of proceedings.
rule

Subpart F—SETTLEMENT; PREHEARING PROCEDURE

§502.91
Opportunity for informal settlement.
§502.92
[Reserved]
§502.94
Prehearing conference.
§502.95
Prehearing statements.
Appendix
Exhibit No. 1 to Subpart F of Part 502 [Reserved]
rule

Subpart G—TIME

§502.101
Computation.
§502.102
Enlargement of time to file documents.
§502.103
Reduction of time to file documents.
§502.104
Postponement of hearing.
§502.105
Waiver of rules governing enlargements of time and postponements of hearings.
rule

Subpart H—FORM, EXECUTION, AND SERVICE OF DOCUMENTS

§§502.111-502.112
[Reserved]
§502.113
Service by the Commission.
§502.114
Service by parties of pleadings and other documents.
§502.115
Service on attorney or other representative.
§502.116
Date of service.
§502.117
Certificate of service.
§502.118
Copies of documents for use of the Commission.
rule

Subpart I—SUBPOENAS

§502.131
Requests; issuance.
§502.132
Motions to quash or modify.
§502.133
Attendance and mileage fees.
§502.134
Service of subpoenas.
§502.135
Subpoena of Commission staff personnel, documents or things.
§502.136
Enforcement.
rule

Subpart J—HEARINGS; PRESIDING OFFICERS; EVIDENCE

§502.141
Hearings not required by statute.
§502.142
Hearings required by statute.
§502.143
Notice of nature of hearing, jurisdiction and issues.
§502.144
Notice of time and place of hearing; postponement of hearing.
§§502.145-502.149
[Reserved]
§502.150
Further evidence required by presiding officer during hearing.
§502.151
Exceptions to rulings of presiding officer unnecessary.
§502.152
Offer of proof.
§502.153
Appeal from ruling of presiding officer other than orders of dismissal in whole or in part.
§502.154
Rights of parties as to presentation of evidence.
§502.155
Burden of proof.
§502.156
Evidence admissible.
§502.157
Written evidence.
§502.158
Documents containing matter not material.
§502.159
[Reserved]
§502.160
Records in other proceedings.
§502.161
Commission's files.
§502.162
Stipulations.
§502.163
Receipt of documents after hearing.
§502.164
Oral argument at hearings.
§502.165
Official transcript.
§502.166
Corrections of transcript.
§502.167
Objection to public disclosure of information.
§502.168
Copies of data or evidence.
§502.169
Record of decision.
rule

Subpart K—SHORTENED PROCEDURE

§502.181
Selection of cases for shortened procedure; consent required.
§502.182
Complaint and memorandum of facts and arguments and filing fee.
§502.183
Respondent's answering memorandum.
§502.184
Complainant's memorandum in reply.
§502.185
Service of memoranda upon and by interveners.
§502.186
Contents of memoranda.
§502.187
Procedure after filing of memoranda.
rule

Subpart L—DISCLOSURES AND DISCOVERY

§502.201
Duty to disclose; general provisions governing discovery.
§502.202
Persons before whom depositions may be taken.
§502.203
Depositions by oral examination.
§502.204
Depositions by written questions.
§502.205
Interrogatories to parties.
§502.206
Producing documents, electronically stored information, and tangible things, or entering onto land, for inspection and other purposes.
§502.207
Requests for admission.
§502.208
Use of discovery procedures directed to Commission staff personnel.
§502.209
Use of depositions at hearings.
§502.210
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.
rule

Subpart M—BRIEFS; REQUESTS FOR FINDINGS; DECISIONS; EXCEPTIONS

§502.221
Briefs; requests for findings.
§502.222
Requests for enlargement of time for filing briefs.
§502.223
Decisions—Administrative law judges.
§502.224
Separation of functions.
§502.225
Decisions—Commission.
§502.226
Decision based on official notice; public documents.
§502.227
Exceptions to decisions or orders of dismissal of administrative law judge; replies thereto; review of decisions or orders of dismissal by Commission; and judicial review.
§502.228
Request for enlargement of time for filing exceptions and replies thereto.
§502.229
Certification of record by presiding or other officer.
§502.230
Reopening by presiding officer or Commission.
rule

Subpart N—ORAL ARGUMENT; SUBMISSION FOR FINAL DECISION

§502.241
Oral argument.
§502.242
Submission to Commission for final decision.
§502.243
Participation of absent Commissioner.
rule

Subpart O—REPARATION

§502.251
Proof on award of reparation.
§502.252
Reparation statements.
§502.253
Interest in reparation proceedings.
§502.254
Attorney's fees in reparation proceedings.
Appendix
Exhibit No. 1 to Subpart O [§502.252] of Part 502—Reparation Statement To Be Filed Pursuant to Rule 252
rule

Subpart P—RECONSIDERATION OF PROCEEDINGS

§502.261
Petitions for reconsideration and stay.
§502.262
Reply to petition for reconsideration or stay.
rule

Subpart Q—REFUND OR WAIVER OF FREIGHT CHARGES

§502.271
Special docket application for permission to refund or waive freight charges.
Appendix
Exhibit No. 1 to Subpart Q [§502.271(d)] of Part 502—Application for Refund or Waiver of Freight Charges Due to Tariff or Quoting Error
rule

Subpart R—NONADJUDICATORY INVESTIGATIONS

§502.281
Investigational policy.
§502.282
Initiation of investigations.
§502.283
Order of investigation.
§502.284
By whom conducted.
§502.285
Investigational hearings.
§502.286
Compulsory process.
§502.287
Depositions.
§502.288
Reports.
§502.289
Noncompliance with investigational process.
§502.290
Rights of witness.
§502.291
Nonpublic proceedings.
rule

Subpart S—INFORMAL PROCEDURE FOR ADJUDICATION OF SMALL CLAIMS

§502.301
Statement of policy.
§502.302
Limitations of actions.
§502.303
[Reserved]
§502.304
Procedure and filing fee.
§502.305
Applicability of other rules of this part.
Appendix
Exhibit No. 1 to Subpart S [§502.304(a)] of Part 502—Small Claim Form for Informal Adjudication and Information Checklist
Appendix
Exhibit No. 2 to Subpart S [§502.304(e)] of Part 502—Respondent's Consent Form for Informal Adjudication
rule

Subpart T—FORMAL PROCEDURE FOR ADJUDICATION OF SMALL CLAIMS

§502.311
Applicability.
§502.312
Answer to complaint.
§502.313
Reply of complainant.
§502.314
Additional information.
§502.315
Request for oral hearing.
§502.316
Intervention.
§502.317
Oral argument.
§502.318
Decision.
§502.319
Date of service and computation of time.
§502.320
Service.
§502.321
Applicability of other rules of this part.
rule

Subpart U—ALTERNATIVE DISPUTE RESOLUTION

§502.401
Policy.
§502.402
Definitions.
§502.403
General authority.
§502.404
Neutrals.
§502.405
Confidentiality.
§502.406
Arbitration.
§502.407
Authority of the arbitrator.
§502.408
Conduct of arbitration proceedings.
§502.409
Arbitration awards.
§502.410
Representation of parties.
§502.411
Mediation and other alternative means of dispute resolution.
rule

Subpart V—IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN COMMISSION PROCEEDINGS

§502.501
General provisions.
§502.502
Information required from applicants.
§502.503
Procedures for considering petitions.
rule

Subpart W—COMPROMISE, ASSESSMENT, MITIGATION, SETTLEMENT, AND COLLECTION OF CIVIL PENALTIES

§502.601
Purpose and scope.
§502.602
Definitions.
§502.603
Assessment of civil penalties: Procedure; criteria for determining amount; limitations; relation to compromise.
§502.604
Compromise of penalties: Relation to assessment proceedings.
§502.605
Payment of penalty: Method; default.
Appendix
Appendix A to Subpart W of Part 502—Example of Compromise Agreement To Be Used Under 46 CFR 502.604
rule

Subpart X—PAPERWORK REDUCTION ACT

§502.991
OMB control numbers assigned pursuant to the Paperwork Reduction Act.


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