§FMCSR.com
Current textSource: eCFR

§ 386.31 Official notice.

Current wording, effective November 17, 2023.

eCFR (current) ↗
What changedOct. 1, 1996 wording → Nov. 17, 2023 wording (current)+97 added−132 removedHide

(a)Upon Allnotification serviceto requiredall byparties, thesethe rulesAgency shallDecisionmaker beor byAdministrative mailLaw orJudge bymay personaltake delivery.official Servicenotice byof mailany isfact completeor upondocument mailing.
(b)not Aappearing certificatein ofevidence servicein shallthe accompanyrecord. allAny pleadings,party motions,objecting andto documentsthe whenofficial theynotice aremust tenderedfile foran filing,objection andwithin shall10 consistdays ofafter aservice certificate of personalthe deliverynotice. orIf a certificateFinal ofOrder mailing,has executedbeen byissued, theand person making the personaldecision deliveryrests oron mailinga thematerial document.and Thedisputable firstfact pleading of which the GovernmentAgency inDecisionmaker ahas proceedingtaken initiatedofficial undernotice, thisa partparty shallmay havechallenge attachedthe toaction it a service list of personsofficial tonotice bein served.accordance Thiswith list§ shall be updated as necessary386.64.
(c)[70 CopiesFR of28483, allMay pleadings18, motions2005, andas documentsamended mustat be88 servedFR on80183, theNov. docket clerk and upon all parties to the proceedings by the person filing them17, in the number of copies indicated on the Government's initial service list.2023]

49 CFR § 386.31 — Official notice.. Text current through October 22, 2026. This wording effective November 17, 2023 to present. Source: eCFR (current), https://www.ecfr.gov/current/title-49/section-386.31. Retrieved from FMCSR.com, https://fmcsr.com/reg/386.31, on October 26, 2026. Unofficial compilation; verify against the official source.

Upon notification to all parties, the Agency Decisionmaker 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 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.

[70 FR 28483, May 18, 2005, as amended at 88 FR 80183, Nov. 17, 2023]

Amendment history

4 distinct wordings on file since Oct. 1, 1996
  1. Nov. 17, 2023 → presenteCFR, day-precisediff vs. previousviewing
    [70 FR 28483, May 18, 2005, as amended at 88 FR 80183, Nov. 17, 2023]
  2. Oct. 1, 2006 → Nov. 17, 2023annual editions 2006–2016diff vs. previous
    [70 FR 28483, May 18, 2005]
  3. Oct. 1, 2005 → Oct. 1, 2006annual edition 2005diff vs. previous
  4. 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. Set a case date in the header to read any earlier wording.