DOT 49 CFR PART 1116-2010 ORAL ARGUMENT BEFORE THE BOARD.pdf

1、148 49 CFR Ch. X (10110 Edition) 1115.7 advising the court of its pendency un-less action might interfere with the courts jurisdiction. 47 FR 49568, Nov. 1, 1982, as amended at 61 FR 52714, Oct. 8, 1996 1115.7 Petitions for judicial review; mailing address. Petitions for judicial review of final age

2、ncy orders may be served on the Board pursuant to 28 U.S.C. 2112(a) and be addressed to General Counsel, Of-fice of the General Counsel, Surface Transportation Board, Washington, DC 20423. 53 FR 20854, June 7, 1988, as amended at 61 FR 52714, Oct. 8, 1996 1115.8 Petitions to review arbitration decis

3、ions. An appeal of right is permitted. The appeal must be filed within 20 days of a final arbitration decision, unless a later date is authorized by the Board, and is subject to the page limitations of 1115.2(d). Standards for Board re-view of arbitration decisions are set forth in Chicago and North

4、 Western Transp. Co.Abandonment, 3 I.C.C.2d 729 (1987), affd sub nom. International Brotherhood of Electrical Workers v. STB, No. 871629 (D.C. Cir. November 25, 1988). The timely filing of a petition will not automatically stay the effect of the arbitration decision. A stay may be requested under 11

5、15.5. 54 FR 19894, May 9, 1989, as amended at 61 FR 52714, Oct. 8, 1996 1115.9 Interlocutory appeals. (a) Rulings of Board employees, in-cluding administrative law judges, may be appealed prior to service of the ini-tial decision only if: (1) The ruling denies or terminates any persons participation

6、; (2) The ruling grants a request for the inspection of documents not ordi-narily available for public inspection; (3) The ruling overrules an objection based on privilege, the result of which ruling is to require the presentation of testimony or documents; or (4) The ruling may result in substan-ti

7、al irreparable harm, substantial det-riment to the public interest, or undue prejudice to a party. (b) In stand-alone cost complaints or in cases filed under the simplified standards, any interlocutory appeal of a ruling shall be filed with the Board within three (3) business days of the ruling. Rep

8、lies to any interlocutory ap-peal shall be filed with the Board with-in three (3) business days after the fil-ing of any such appeal. In all other cases, interlocutory appeals shall be filed with the Board within seven (7) calendar days of the ruling and replies to interlocutory appeals shall be fil

9、ed with Board within seven (7) calendar days after the filing of any such appeal as computed under 49 CFR 1104.7. 61 FR 52714, Oct. 8, 1996, as amended at 61 FR 58491, Nov. 15, 1996; 72 FR 51377, Sept. 7, 2007 PART 1116ORAL ARGUMENT BEFORE THE BOARD Sec. 1116.1 Requests. 1116.2 Manner of presentatio

10、n. AUTHORITY: 49 U.S.C. 721. SOURCE: 47 FR 49569, Nov. 1, 1982, unless otherwise noted. 1116.1 Requests. (a) Addressee. Requests for oral argu-ment should be addressed to the Chief, Section of Administration, Office of Proceedings, Surface Transportation Board, Washington, DC 204230001. (b) Who may

11、request? Any party may submit a written request for oral argu-ment and state the reasons for the re-quest. No replies from other parties to the request shall be made. (c) When to file a request. Requests for oral argument should be filed within 20 days after the date of service of the de-cision, ord

12、er, or requirement being ap-pealed, unless the Board by order pre-scribes a different time period. (d) Granting of request. The Board will rule upon requests by decision, and the granting of requests is entirely at the discretion of the Board. 47 FR 49569, Nov. 1, 1982, as amended at 74 FR 52908, Oc

13、t. 15, 2009 1116.2 Manner of presentation. Proponents of a rule or order will be heard first, and opponents will be heard second. One counsel only will usually VerDate Mar2010 15:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm 00158 Fmt 8010 Sfmt 8010 Y:SGML220219.XXX 220219jdjones on DSKHWCL6B1PROD with CF

14、RProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-149 Surface Transportation Board, DOT Pt. 1120 be heard for each of the opposing inter-ests, unless additional presentations are specifically authorized. PART 1117PETITIONS (FOR RELIEF) NOT OTHERWISE C

15、OVERED AUTHORITY: 49 U.S.C. 721. 1117.1 Petitions. A party seeking relief not provided for in any other rule may file a peti-tion for such relief. The petition should contain (a) a short, plain statement of the grounds upon which the Boards ju-risdiction is based; (b) a short plain statement of the

16、claim showing that the petitioner is entitled to relief; and (c) a demand for the relief the peti-tioner believes is appropriate. 47 FR 49569, Nov. 1, 1982 PART 1118PROCEDURES IN IN-FORMAL PROCEEDINGS BEFORE EMPLOYEE BOARDS Sec. 1118.1 Scope. 1118.2 Proceedings to be informal. 1118.3 Appeals. AUTHOR

17、ITY: 49 CFR 721. SOURCE: 62 FR 50884, Sept. 29, 1997, unless otherwise noted. 1118.1 Scope. The rules in this part govern pro-ceedings before employee boards. 1118.2 Proceedings to be informal. The proceedings in all matters gov-erned by this part will be informal. No transcript of these proceedings

18、 will be made. Subpoenas will not be issued and, except when applications, peti-tions, or statements are required to be attested, oaths will not be adminis-tered. 1118.3 Appeals. (a) Standing to appeal. Appeals of the decisions of the employee boards sub-ject to this part and replies to appeals may

19、be filed by any person. (b) Number of copies. The original and 10 copies of each pleading or paper per-mitted or required to be filed under this section should be furnished for the use of the Board. (c) Time for filing. Appeals in pro-ceedings governed by this part must be filed within 20 days after

20、 the date of service of the decision. (d) Where filed. Appeals and replies to appeals of decisions issued by employee boards must be filed with the Chief, Section of Administration, Office of Proceedings, Surface Transportation Board, 395 E St., SW., Washington, DC 204230001. (e) Decisions on appeal

21、. An appeal from an employee boards initial deci-sion in a matter subject to this part will be reviewed by the employee board, which may elect to modify its decision in light of new facts or argu-ments presented on appeal. If the em-ployee board elects not to modify its prior decision, the appeal wi

22、ll be for-warded to the entire Board for deter-mination. If a modified decision is issued by the employee board, a further appeal lies under this part. 62 FR 50884, Sept. 29, 1997, as amended at 74 FR 52908, Oct. 15, 2009 PART 1119COMPLIANCE WITH BOARD DECISIONS AUTHORITY: 49 U.S.C. 721. 1119.1 Comp

23、liance. A defendant or respondent directed by the Board to do or desist from doing a particular thing must notify the Board on or before the compliance date specified in the decision of the manner of compliance. Notification should be by verified affidavit showing simulta-neous service upon all part

24、ies to the proceeding. Where a change in rates or schedules is directed, notification specifying the Surface Transportation Board tariff or schedule numbers must be given in addition to the filing of proper tariffs or schedules. 47 FR 49570, Nov. 1, 1982 PART 1120USE OF 19771978 STUDY OF MOTOR CARRIER PLAT-FORM HANDLING FACTORS Sec. 1120.1 Scope. VerDate Mar2010 15:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm 00159 Fmt 8010 Sfmt 8010 Y:SGML220219.XXX 220219jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-