§FMCSR.com
Historical textIn force on Oct. 1, 2006Source: annual CFR editions 2006–2016

§ 386.34 Motions.

Wording in the annual edition revised as of Oct. 1, 2006, superseded November 17, 2023.

govinfo, 2006 edition ↗
Before Jan. 1, 2017 the record is one snapshot per annual CFR edition, revised as of October 1. This is the 2006 edition's wording. An amendment that took effect between Oct. 1, 2006 and Oct. 1, 2006 would not appear until the next edition, so check the citations below and the Federal Register for exact effective dates.
What changedOct. 1, 2005 wording → Oct. 1, 2006 wording+226 added−67 removedHide

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Effective DateAll Note:motions filed prior to the calling of the matter for a hearing shall be to the Assistant Administrator. All motions filed after the matter is called for hearing shall be to the administrative law judge.
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(c) wasAnswers. removedExcept when a motion is filed during a hearing, effectiveany Novemberparty 14may file an answer in support or opposition to a motion, 2005accompanied by affidavits or other evidence relied upon.
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[50 FR 40306, Oct. 2, 1985. Redesignated and amended at 70 FR 28483, May 18, 2005]

49 CFR § 386.34 — Motions.. Text in force on October 1, 2006. This wording effective October 1, 2006 to November 17, 2023. Source: govinfo, 2006 edition, https://www.govinfo.gov/app/details/CFR-2006-title49-vol5/CFR-2006-title49-vol5-sec386-34. Retrieved from FMCSR.com, https://fmcsr.com/reg/386.34?asof=2006-10-01, on October 26, 2026. Unofficial compilation; verify against the official source.

(a) General. An application for an order or ruling not otherwise covered by these rules shall be by motion. All motions filed prior to the calling of the matter for a hearing shall be to the Assistant Administrator. All motions filed after the matter is called for hearing shall be to the administrative law judge.

(b) Form. Unless made during hearing, motions shall be made in writing, shall state with particularity the grounds for relief sought, and shall be accompanied by affidavits or other evidence relied upon.

(c) Answers. Except when a motion is filed during a hearing, any party may file an answer in support or opposition to a motion, accompanied by affidavits or other evidence relied upon. Such answers shall be served within 20 days after the motion is served or within such other time as the Assistant Administrator or administrative law judge may set.

(d) Argument. Oral argument or briefs on a motion may be ordered by the Assistant Administrator or the administrative law judge.

(e) Disposition. Motions may be ruled on immediately or at any other time specified by the administrative law judge or the Assistant Administrator.

(f) Suspension of time. The pendency of a motion shall not affect any time limits set in these rules unless expressly ordered by the Assistant Administrator or administrative law judge.

[50 FR 40306, Oct. 2, 1985. Redesignated and amended at 70 FR 28483, May 18, 2005]

Amendment history

5 distinct wordings on file since Oct. 1, 1996
  1. Nov. 17, 2023 → presenteCFR, day-precisediff vs. previous
    [50 FR 40306, Oct. 2, 1985. Redesignated and amended at 70 FR 28483, May 18, 2005]
  2. Oct. 1, 2006 → Nov. 17, 2023annual editions 2006–2016diff vs. previousviewing
    [50 FR 40306, Oct. 2, 1985. Redesignated and amended at 70 FR 28483, May 18, 2005]
  3. Oct. 1, 2005 → Oct. 1, 2006annual edition 2005diff vs. previous
  4. Oct. 1, 2000 → Oct. 1, 2005annual editions 2000–2004diff vs. previous
  5. Oct. 1, 1996 → Oct. 1, 2000annual editions 1996–1999

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.