§ 386.31 Official notice.
Wording in the annual edition revised as of Oct. 1, 2006, superseded November 17, 2023.
LinkUpon notification to anall amendment published at 70 FR 28483parties, Maythe 18,Assistant 2005.Administrator
(a)All service required by these rules shall be by mail or byAdministrative personalLaw delivery.Judge Servicemay bytake mailofficial isnotice complete upon mailing.of
(b) A certificate serviceany shallfact accompany all pleadings, motions, and documents when they are tendered for filing, and shall consist of a certificate of personal delivery or adocument certificatenot ofappearing mailing,in executedevidence byin the person making the personal delivery or mailing the documentrecord. TheAny firstparty pleadingobjecting ofto the Governmentofficial innotice amust proceedingfile initiatedan underobjection thiswithin part10 shalldays haveafter attached to it a service list of personsthe to be servednotice. ThisIf lista shallFinal beAgency updatedOrder ashas necessary.been
(c)Copies of all pleadingsissued, motions, and documentsthe mustdecision berests served on thea docketmaterial clerk and upondisputable allfact partiesof towhich the proceedingsAgency bydecisionmaker thehas persontaken filingofficial themnotice, ina party may challenge the numberaction of copiesofficial indicatednotice onin theaccordance Government'swith initial§ service list386.64
EffectiveDateof Note:this part.
At
[70 FR 28483, May 18, 2005, § 386.31 was revised, effective November 14, 2005. For the convenience of the user, the revised text is set forth as follows:]
Upon notification to all parties, the Assistant Administrator or Administrative Law Judge may take official notice of any fact or document not appearing in evidence in the record. Any party objecting to the official notice must file an objection within 10 days after service of the notice. If a Final Agency Order has been issued, and the decision rests on a material and disputable fact of which the Agency decisionmaker has taken official notice, a party may challenge the action of official notice in accordance with § 386.64 of this part.
[70 FR 28483, May 18, 2005]
Amendment history
4 distinct wordings on file since Oct. 1, 1996- [70 FR 28483, May 18, 2005, as amended at 88 FR 80183, Nov. 17, 2023]
- [70 FR 28483, May 18, 2005]
- Oct. 1, 1996 → Oct. 1, 2005annual editions 1996–2004
A new entry appears whenever the regulatory words change between government snapshots. Day-precise from the eCFR (2017 onward); before that, one snapshot per annual CFR edition (revised as of October 1). Bracketed citations are the Federal Register history printed with the section.