§FMCSR.com
Current textSource: eCFR

§ 386.31 Official notice.

Current wording, effective November 17, 2023.

eCFR (current) ↗
What changedOct. 1, 2005 wording → Nov. 17, 2023 wording (current)+84 added−162 removedHide

LinkUpon notification to anall amendment published at 70 FR 28483parties, Maythe 18,Agency 2005.
(a)Decisionmaker All service required by these rules shall be by mail or byAdministrative personalLaw delivery.Judge Servicemay bytake mailofficial isnotice complete upon mailing.
(b) A certificate of 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 beOrder updatedhas asbeen necessary.
(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.
Effective Date Note:
At [70 FR 28483, May 18, 2005, §as 386.31amended wasat revised,88 effectiveFR November 1480183, 2005Nov. For the convenience of the user17, the revised text is set forth as follows:2023]

49 CFR § 386.31 — Official notice.. Text current through October 15, 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.