46 C.F.R. Subpart K—Shortened Procedure
Title 46 - Shipping
By consent of the parties and with approval of the Commission or presiding officer, a complaint proceeding may be conducted under shortened procedure without oral hearing, except that a hearing may be ordered by the presiding officer at the request of any party or in his or her discretion. [Rule 181.] A complaint filed with the Commission under this subpart shall have attached a memorandum of the facts, subscribed and verified according to §502.112, and of arguments separately stated, upon which it relies. The original of each complaint with memorandum shall be accompanied by copies for the Commission's use. The complaint shall be accompanied by remittance of a $221 filing fee. [Rule 182.] [49 FR 44369, Nov. 6, 1984, as amended at 59 FR 59170, Nov. 16, 1994; 63 FR 50535, Sept. 22, 1998; 67 FR 39859, June 11, 2002; 70 FR 10329, Mar. 3, 2005] Within twenty-five (25) days after date of service of the complaint, unless a shorter period is fixed, each respondent shall, if it consents to the shortened procedure provided in this subpart, serve upon complainant pursuant to subpart H of this part an answering memorandum of the facts, subscribed and verified according to §502.112, and of arguments, separately stated, upon which it relies. The original of the answering memorandum shall be accompanied by a certificate of service as provided in §502.114 and shall be accompanied by copies for the Commission's use. If the respondent does not consent to the proceeding being conducted under the shortened procedure provided in this subpart, the matter will be governed by subpart E of this part and the respondent shall file an answer under §502.64. [Rule 183.] Within fifteen (15) days after the date of service of the answering memorandum prescribed in §502.183, unless a shorter period is fixed, each complainant may file a memorandum in reply, subscribed and verified according to §502.112, served as provided in §502.114, and accompanied by copies for the Commission's use. This will close the record for decision unless the presiding officer determines that the record is insufficient and orders the submission of additional evidentiary materials. [Rule 184.] Service of all memoranda shall be made upon any interveners. Interveners shall file and serve memoranda in conformity with the provisions relating to the parties on whose behalf they intervene. [Rule 185.] The memorandum should contain concise arguments and fact, the same as would be offered if a formal hearing were held and briefs filed. If reparation is sought, paid freight bills should accompany complainant's original memorandum. [Rule 186.] An initial, recommended, or tentative decision will be served upon the parties in the same manner as is provided under §502.225. Thereafter, the procedure will be the same as that in respect to proceedings after formal hearing. [Rule 187.]
Title 46: Shipping
PART 502—RULES OF PRACTICE AND PROCEDURE
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.
