DOT 49 CFR PART 1112-2010 MODIFIED PROCEDURES.pdf

1、128 49 CFR Ch. X (10110 Edition) 1111.10 movements, provided in electronic for-mat. (4) Revenue allocation for the on- SARR portion of each cross-over move-ment in the traffic group provided in electronic format. (5) Total trackage rights payments paid or received during the Test Year associated wit

2、h the route replicated by the SARR. (6) All workpapers and documenta-tion necessary to support the calcula-tions. (c) Conferences with parties. The Board may convene a conference of the par-ties with Board staff to facilitate vol-untary resolution of discovery disputes and to address technical issue

3、s that may arise. (d) Complaint filed with a petition to re-voke a class exemption. If a complaint is filed simultaneously with a petition to revoke a class exemption, the Board will take no action on the complaint and the procedural schedule will be held in abeyance automatically until the petition

4、 to revoke is adjudicated. 72 FR 51376, Sept. 7, 2007 1111.10 Meeting to discuss proce-dural matters. (a) Generally. In all complaint pro-ceedings, other than those challenging the reasonableness of a rail rate based on stand-alone cost or the simplified standards, the parties shall meet, or discuss

5、 by telephone, discovery and procedural matters within 12 days after an answer to a complaint is filed. With-in 19 days after an answer to a com-plaint is filed, the parties, either joint-ly or separately, shall file a report with the Board setting forth a proposed pro-cedural schedule to govern fut

6、ure ac-tivities and deadlines in the case. (b) Stand-alone cost or simplified stand-ards complaints. In complaints chal-lenging the reasonableness of a rail rate based on stand-alone cost or the simplified standards, the parties shall meet, or discuss by telephone, dis-covery and procedural matters

7、within 7 days after the mediation period ends. The parties should inform the Board as soon as possible thereafter whether there are unresolved disputes that re-quire Board intervention and, if so, the nature of such disputes. 72 FR 51376, Sept. 7, 2007 PART 1112MODIFIED PROCEDURES Sec. 1112.1 When m

8、odified procedure is used. 1112.2 Decisions directing modified proce-dure. 1112.3 Default for failure to comply with schedule; effect of default. 1112.4 Petitions to intervene. 1112.5 Joint pleadings. 1112.6 Verified statements; contents. 1112.7 Records in other Board proceedings. 1112.8 Verificatio

9、n. 1112.9 Sample verification for statement of fact under modified procedure. 1112.10 Requests for oral hearings and cross examination. 1112.11 Authority of officers. AUTHORITY: 5 U.S.C. 559; 49 U.S.C. 721. SOURCE: 47 FR 49558, Nov. 1, 1982, unless otherwise noted. 1112.1 When modified procedure is

10、used. The Board may decide that a pro-ceeding be heard under modified proce-dure when it appears that substantially all material issues of fact can be re-solved through submission of written statements, and efficient disposition of the proceeding can be accomplished without oral testimony. Modified

11、pro-cedure may be ordered on the Boards initiative, or upon approval of a re-quest by any party. 47 FR 49558, Nov. 1, 1982, as amended at 61 FR 52712, Oct. 8, 1996 1112.2 Decisions directing modified procedure. A decision directing that modified procedure be used will set out the schedule for filing

12、 verified statements by all parties and will list the names and addresses of all persons who at that time are on the service list in the proceeding. In this part, a statement responding to an opening statement is referred to as a reply, and a state-ment responding to a reply is referred to as a rebu

13、ttal. Replies to rebuttal material are not permitted. The filing of motions or other pleadings will not VerDate Mar2010 15:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm 00138 Fmt 8010 Sfmt 8010 Y:SGML220219.XXX 220219jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or network

14、ing permitted without license from IHS-,-,-129 Surface Transportation Board, DOT 1112.10 automatically stay or delay the estab-lished procedural schedule. Parties will adhere to this schedule unless the Board issues an order modifying the schedule. 47 FR 49558, Nov. 1, 1982, as amended at 61 FR 5849

15、1, Nov. 15, 1996 1112.3 Default for failure to comply with schedule; effect of default. If a party fails to comply with the schedule for submission of verified statements, or any other requirements established by the modified procedure decision, that party will be deemed to be in default and to have

16、 waived any further participation in the proceeding. Thereafter, the proceeding may be dis-posed of without notice to and without participation by parties in default. 1112.4 Petitions to intervene. (a) The Board may grant a petition to intervene in a proceeding set for modified procedure if interven

17、tion: (1) Will not unduly disrupt the sched-ule for filing verified statements, ex-cept for good cause shown; and (2) Would not unduly broaden the issues raised in the proceeding. (b) The petition to intervene shall set out: (1) The petitioners interest in the proceeding; (2) Whether the petitioner

18、supports or opposes the relief sought or the ac-tion proposed or is otherwise concerned with the issues presented in the pro-ceeding; and (3) The petitioners request, if any, for relief. 47 FR 49558, Nov. 1, 1982, as amended at 61 FR 52712, Oct. 8, 1996 1112.5 Joint pleadings. Parties with common in

19、terests are encouraged to prepare joint pleadings whenever possible. 1112.6 Verified statements; contents. A verified statement should contain all the facts upon which the witness re-lies, and to the extent that it contains arguments, they should be based only on those facts. Parties filing reply an

20、d rebuttal verified statements will be considered to have admitted the truth of material allegations of fact con-tained in their opponents statements unless those allegations are specifi-cally challenged. Rebuttal statements shall be confined to issues raised in the reply statements to which they ar

21、e di-rected. 1112.7 Records in other Board pro-ceedings. If any portion of the record before the Board in any proceeding other than the proceeding at issue is offered in evidence, a true copy should be pre-sented for the record. 47 FR 49558, Nov. 1, 1982, as amended at 61 FR 52712, Oct. 8, 1996 1112

22、.8 Verification. The original of any pleading filed must show the signature, capacity, and seal, if any, of the person admin-istering the oath, and the date thereof. 1112.9 Sample verification for state-ment of fact under modified proce-dure. State of llllllllll, County of llllllllll, SS: llllllllll

23、 being duly sworn, deposes and says that he has read the foregoing statement, knows the facts asserted there are true and that the same are true as stat-ed. Signed llllllllll. Subscribed and sworn to before me this lllll day of llllllllll. Notary Public of llllllllll. My Commission expires lllllllll

24、l. 1112.10 Requests for oral hearings and cross examination. (a) Requests. Requests for oral hear-ings in matters originally assigned for handling under modified procedure must include the reasons why the mat-ter cannot be properly resolved under modified procedure. Requests for cross examination of

25、 witnesses must include the name of the witness and the sub-ject matter of the desired cross exam-ination. (b) Disposition. Unless material facts are in dispute, oral hearings will not be held. If held, oral hearings will nor-mally be confined to material issues upon which the parties disagree. The

26、decision setting a matter for oral hear-ing will define the scope of the hearing. 61 FR 52712, Oct. 8, 1996 VerDate Mar2010 15:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm 00139 Fmt 8010 Sfmt 8010 Y:SGML220219.XXX 220219jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or net

27、working permitted without license from IHS-,-,-130 49 CFR Ch. X (10110 Edition) 1112.11 1112.11 Authority of officers. Except to the extent that they apply only to the conduct of a public hearing, the officer assigned to handle a pro-ceeding under the modified procedure shall have the same authority

28、 as offi-cers assigned to conduct oral hearings as described in 1113.3(a) and (b). PART 1113ORAL HEARING Sec. 1113.1 Scheduling hearings; continued hear-ings. 1113.2 Subpoenas. 1113.3 Authority of officers. 1113.4 Prehearing conferences. 1113.5 Stipulations. 1113.6 Appearances; withdrawal or absence

29、 from hearing. 1113.7 Intervention; petitions. 1113.8 Witness examination; order of proce-dure. 1113.9 Prepared statements. 1113.10 Records in other Board proceedings. 1113.11 Abstracts of documents. 1113.12 Exhibits. 1113.13 Filing evidence subsequent to hear-ing; copies. 1113.14 Objections to ruli

30、ngs. 1113.15 Interlocutory appeals. 1113.16 Oral argument before the hearing of-ficer. 1113.17 Transcript of record. 1113.18 Briefs. 1113.19 Pleadings: part of the record. 1113.201113.30 Reserved AUTHORITY: 5 U.S.C. 559; 49 U.S.C. 721. SOURCE: 47 FR 49559, Nov. 1, 1982, unless otherwise noted. 1113.

31、1 Scheduling hearings; contin-ued hearings. (a) Assignment; service and posting of notice. In those proceedings in which an oral hearing is to be held, the Board will assign a time and place for hear-ing. Notice of hearings will be posted on the Boards Web site, will be served upon the parties and s

32、uch other per-sons as may be entitled to receive no-tice under the Act, and will be avail-able for inspection at the Boards of-fice. (b) Requests for changes in assignment. Requests for postponements of date of hearing will be granted only in excep-tional circumstances. (c) Continuances. (1) A conti

33、nuance may be granted at the discretion of the presiding officer. (2) If the presiding officer announces the time and place of a continued hear-ing on the record, no further notice need be given. 47 FR 49559, Nov. 1, 1982, as amended at 61 FR 52712, Oct. 8, 1996; 74 FR 52907, Oct. 15, 2009 1113.2 Su

34、bpoenas. (a) Issuance. A subpoena may be issued upon the direction of the Board on its own motion or upon request. A subpoena may be issued by the Board or by the officer presiding at a hearing and must be signed by the Director of the Office of Proceedings or a member of the Board. (b) Requests. (1

35、) A request for a sub-poena to compel the appearance of a person at a hearing to give oral testi-mony, but not to produce documents, may be made either by letter (only the original need be filed with the Board) or orally upon the record at the hear-ing. A showing of general relevance and reasonable

36、scope of the evidence sought to be introduced through the subpoe-naed person may be required. (2) A request for a subpoena to com-pel a witness to produce documentary evidence should be made in writing by petition. The petition should specify with particularity the books, papers, or documents desire

37、d and facts expected to be proved, and should show the gen-eral relevance and reasonable scope of the evidence sought. The officer pre-siding at a hearing may grant a request for such a subpoena made orally upon the record. (c) Service. The original subpoena should be exhibited to the person served,

38、 should be read to him if he is unable to read, and a copy should be delivered to him by the officer or per-son making service. (d) Return. If service of subpoena is made by a United States marshal or his deputy, service should be evidenced by his return on the subpoena. If made by any other person,

39、 such person shall make an affidavit stating the date, time and manner of service; and return such affidavit on, or with, the original subpoena in accordance with the form thereon. In case of failure to make service the reasons for the failure VerDate Mar2010 15:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm 00140 Fmt 8010 Sfmt 8010 Y:SGML220219.XXX 220219jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-