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e-CFR data is current as of September 17, 2020

Title 49Subtitle BChapter VPart 511 → Subpart A


Title 49: Transportation
PART 511—ADJUDICATIVE PROCEDURES


Subpart A—Scope of Rules; Nature of Adjudicative Proceedings, Definitions


Contents
§511.1   Scope of the rules.
§511.2   Nature of adjudicative proceedings.
§511.3   Definitions.

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§511.1   Scope of the rules.

This part establishes rules of practice and procedure for adjudicative proceedings conducted pursuant to section 508(a)(2) of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. Pub. L. 94-163, 89 Stat. 911, section 2008(a)(2)), which are required by statute to be determined on the record after opportunity for a public hearing.

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§511.2   Nature of adjudicative proceedings.

Adjudicative proceedings shall be conducted in accordance with title 5, U.S.C., sections 551 through 559 and this part. It is the policy of the agency that adjudicative proceedings shall be conducted expeditiously and with due regard to the rights and interests of all persons affected, and to the public interest. Therefore, the presiding officer and all parties shall make every effort at each stage of a proceeding to avoid unnecessary delay.

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§511.3   Definitions.

(a) As used in this part:

(1) The term application means an ex parte request by a party for an order that may be granted or denied without opportunity for response by any other party.

(2) The term NHTSA means the National Highway Traffic Safety Administration.

(3) The term Administrator means the Administrator of the National Highway Traffic Safety Administration.

(4) The term Complaint Counsel means prosecuting counsel for the NHTSA.

(5) The term motion means a request by a party for a ruling or order that may be granted or denied only after opportunity for response by each affected party.

(6) The term party means the NHTSA, and any person named as a respondent in a proceeding governed by this part.

(7) The term person means any individual, partnership, corporation, association, public or private organization, or Federal, State or municipal governmental entity.

(8) The term petition means a written request, made by a person or a party and addressed to the Presiding Officer or the Administrator, that the addressee take some action.

(9) The term Presiding Officer means the person who conducts an adjudicative hearing under this part, who shall be an administrative law judge qualified under title 5, U.S.C., section 3105 and assigned by the Chief Administrative Law Judge, Office of Hearings, United States Department of Transportation.

(10) The term Respondent means any person against whom a complaint has been issued.

(11) The term Office of Hearings means the Officer of Hearings, Department of Transportation.

(12) The term staff means the staff of the National Highway Traffic Safety Administration.

(13) The term Chief Administrative Law Judge means the Chief Administrative Law Judge of the Office of Hearings, Department of Transportation.

(14) The term Docket Section means the Docket Section, Office of the Secretary of Transportation.

[45 FR 81578, Dec. 11, 1980, as amended at 53 FR 15782, May 3, 1988]

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