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Reading the regulations as they stood on December 27, 2019. Current text may differ.Switch to current
Historical textIn force on Dec. 27, 2019Source: eCFR

§ 386.36 Motions for final agency order.

Wording in the annual edition revised as of Oct. 1, 2006, superseded November 17, 2023.

eCFR as of December 27, 2019 ↗
49 CFR § 386.36 — Motions for final agency order.. Text in force on December 27, 2019. This wording effective October 1, 2006 to November 17, 2023. Source: eCFR as of December 27, 2019, https://www.ecfr.gov/on/2019-12-27/title-49/section-386.36. Retrieved from FMCSR.com, https://fmcsr.com/reg/386.36?asof=2019-12-27, on October 26, 2026. Unofficial compilation; verify against the official source.

(a) Generally. Unless otherwise provided in this section, the motion and answer will be governed by § 386.34. Either party may file a motion for final order. The motion must be served in accordance with §§ 386.6 and 386.7. If the matter is still pending before the service center, upon filing, the matter is officially transferred from the service center to the Agency decisionmaker, who will then preside over the matter.

(b) Form and content. (1) Movant's filing must contain a motion and memorandum of law, which may be separate or combined and must include all responsive pleadings, notices, and other filings in the case to date.

(2) The motion for final order must be accompanied by written evidence in accordance with § 386.49.

(3) The motion will state with particularity the grounds upon which it is based and the substantial matters of law to be argued. A Final Agency Order may be issued if, after reviewing the record in a light most favorable to the non-moving party, the Agency decisionmaker determines no genuine issue exists as to any material fact.

(c) Answer to Motion. The non-moving party will, within 45 days of service of the motion for final order, submit and serve a response to rebut movant's motion.

[70 FR 28483, May 18, 2005]

Amendment history

4 distinct wordings on file since Oct. 1, 1996
  1. Nov. 17, 2023 → presenteCFR, day-precisediff vs. previous
    [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. previousviewing
    [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.