46 C.F.R. Subpart C—Parties
Title 46 - Shipping
The term “party”, whenever used in the rules in this part, shall include any natural person, corporation, association, firm, partnership, trustee, receiver, agency, public or private organization, or governmental agency. A party who seeks relief or other affirmative action under §502.62 shall be designated as “complainant”. A party against whom relief or other affirmative action is sought in any proceeding commenced under §502.62 or §502.66, or a party named in an order of investigation issued by the Commission, shall be designated as “respondent,” except that in investigations instituted under section 11(c) of the Shipping Act of 1984, the parties to the agreement shall be designated as “proponents” and the parties protesting the agreement shall be designated as “protestants.” A person who has been permitted to intervene under §502.72 shall be designated as “intervenor”. All persons or parties designated in this section shall become parties to the proceeding involved without further pleadings, and no person other than a party or its representative may introduce evidence or examine witnesses at hearings. [Rule 41.] [49 FR 44369, Nov. 6, 1984, as amended at 61 FR 66617, Dec. 18, 1996] The Director, Bureau of Enforcement, shall be a party to all proceedings governed by the rules in this part except that in complaint proceedings under §502.62, the Director may become a party only upon leave to intervene granted pursuant to §502.72, in rulemaking proceedings and in proceedings considering petitions the Director may become a party by designation if the Commission determines that the circumstances of the proceeding warrant such participation, and the Director will not ordinarily be a party to small claims proceedings under §502.304 and special docket proceedings under §502.271. The Director or the Director's representative shall be served with copies of all papers, pleadings, and documents in every proceeding in which the Bureau of Enforcement is a party. The Bureau of Enforcement shall actively participate in any proceeding to which the Director is a party, to the extent required in the public interest, subject to the separation of functions required by section 5(c) of the Administrative Procedure Act. (See §502.224). [Rule 42.] [64 FR 7807, Feb. 17, 1999] In appropriate circumstances, the Commission or presiding officer may order an appropriate substitution of parties. [Rule 43.] (a) If a complaint relates to through transportation by continuous carriage or transshipment, all carriers participating in such through transportation shall be joined as respondents. (b) If the complaint relates to more than one carrier or other person subject to the shipping acts, all carriers or other persons against whom a rule or order is sought shall be made respondents. (c) If complaint is made with respect to an agreement filed under section 5(a) of the Shipping Act of 1984, the parties to the agreement shall be made respondents. (Rule 44). [49 FR 44369, Nov. 6, 1984, as amended at 65 FR 81759, Dec. 27, 2000]
Title 46: Shipping
PART 502—RULES OF PRACTICE AND PROCEDURE
Subpart C—Parties
§ 502.41 Parties; how designated.
§ 502.42 Bureau of Enforcement.
§ 502.43 Substitution of parties.
§ 502.44 Necessary and proper parties in certain complaint proceedings.
