46 C.F.R. PART 502--RULES OF PRACTICE AND PROCEDURE


TITLE 46--Shipping

CHAPTER IV--FEDERAL MARITIME COMMISSION

SUBCHAPTER A--GENERAL AND ADMINISTRATIVE PROVISIONS

PART 502--RULES OF PRACTICE AND PROCEDURE

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Subpart A--GENERAL INFORMATION

�502.1
Scope of rules in this part.
�502.2
Filing of documents; hours; mailing address.
�502.3
Compliance with rules or orders of Commission.
�502.4
Authentication of rules or orders of Commission.
��502.5-502.6
[Reserved]
�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.
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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 defined.
�502.26
Attorneys at law.
�502.27
Persons not attorneys at law.
�502.29
Hearings.
�502.30
Suspension or disbarment.
�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
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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.
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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.
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Subpart E--PROCEEDINGS; PLEADINGS; MOTIONS; REPLIES

�502.61
Proceedings.
�502.62
Complaints and fee.
�502.63
Statute of limitations for reparations.
�502.64
Answer to complaint; counter-complaint.
�502.65
Replies to answers not permitted.
�502.66
Order to show cause.
�502.67
Exemption procedures--General.
�502.68
Declaratory orders and fee.
�502.69
Petitions--General and fee.
�502.70
Amendments or supplements to pleadings.
�502.71
Motions for more definite statement.
�502.72
Petition for leave to intervene.
�502.73
Motions.
�502.74
Replies to pleadings, motions, applications, etc.
�502.75
Proceedings involving assessment agreements.
�502.76
Brief of an amicus curiae.
Appendix
Exhibit No. 1 to Subpart E [ 502.62] of Part 502--Complaint Form and Information Checklist
Appendix
Exhibit No. 2 to Subpart E [ 502.64] of Part 502--Answer to Complaint
Appendix
Exhibit No. 3 to Subpart E [ 502.72] of Part 502--Petition for Leave To Intervene
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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]
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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.
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Subpart H--FORM, EXECUTION, AND SERVICE OF DOCUMENTS

�502.111
Form and appearance of documents filed with Commission.
�502.112
Verification of documents.
�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.
�502.119
Documents containing confidential materials.
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Subpart I--SUBPENAS

�502.131
Requests; issuance.
�502.132
Motions to quash or modify.
�502.133
Attendance and mileage fees.
�502.134
Service of subpenas.
�502.135
Subpena of Commission staff personnel, documents or things.
�502.136
Enforcement.
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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
Presiding officer.
�502.146
Commencement of functions of Office of Administrative Law Judges.
�502.147
Functions and powers.
�502.148
Consolidation of proceedings.
�502.149
Disqualification of presiding or participating officer.
�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.
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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.
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Subpart L--DEPOSITIONS, WRITTEN INTERROGATORIES, AND DISCOVERY

�502.201
General provisions governing discovery.
�502.202
Persons before whom depositions may be taken.
�502.203
Depositions upon oral examination.
�502.204
Depositions upon written interrogatories.
�502.205
Interrogatories to parties.
�502.206
Production of documents and things and entry upon 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
Refusal to comply with orders to answer or produce documents; sanctions; enforcement.
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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.
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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.
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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
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Subpart P--RECONSIDERATION OF PROCEEDINGS

�502.261
Petitions for reconsideration and stay.
�502.262
Reply to petition for reconsideration or stay.
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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
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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.
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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 [ ] of Part 502--Small Claim Form for Informal Adjudication and Information Checklist
Appendix
Exhibit No. 2 to Subpart S [ ] of Part 502--Respondent's Consent Form for Informal Adjudication
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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.
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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.
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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.
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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
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Subpart X--PAPERWORK REDUCTION ACT

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