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PART 5-SPECIAL RULES OF PRACTICE, MOTOR CARRIER
Sec. 5.1 Governing of proceedings.
5.7 Shortened procedure: memoran5.2 Special board of State representa
da; copies; service. tives to whom matters are
5.8 Procedure in referred matters: referred.
briefs; proposed reports; excep
tions. 5.3 Authority of referee.
5.9 Petition for rehearing, reargu5.3a Appearances for interveners. 5.4 Formal complaints:
ment, or reconsideration : filing; substance,
service. number of copies.
5.10 Petition for staying of order; 5.5 Communication of informal com
grounds to be stated; verificaplaints.
tion; filing. 5.6 Protests against applications: 5.11 Application: forms; filing and specifications; matters to be
5.12 Notice of hearings. Section 5.1 Governing of proceedings. Except as indicated in the special instructions in this part, proceedings under the Motor Carrier Act, 1935, are governed by the applicable or analogous provisions of the Commission's Rules of Practice.*t
*$85.1 to 5.11, inclusive, issued under the authority contained in: Sec. 13, 24 Stat. 383, sec. 11, 36 Stat. 550, sec. 416, 41 Stat. 484; 49 U.S.C. 13. Sec. 17, 24 Stat. 385, sec. 6, 25 Stat. 861, sec. 2, 40 Stat. 270, secs. 430 432, 41 Stat. 492, 47 Stat. 1368; 49 U.S.C. 17. Part II, secs. 201-227, 49 Stat. 543-567; 49 U.S.C., Sup. 301-327.
fin $$ 5.1 to 5.11, inclusive, the numbers to the right of the decimal point correspond with the respective rule numbers in Special instructions governing proceedings, Interstate Commerce Commission, May 31, 1938.
CROSS REFERENCE: For general rules of practice of the Commission, see Part 1.
5.2 Special board of State representatives to whom matters are referred. When, in the Rules of Practice in Part 1 reference is made to commissioners or examiners, it will be understood that the reference also includes a special board composed of State representatives (herein called "joint board”) to whom matters have been referred pursuant to section 205 of the Act for hearing, consideration, and recommendation of an appropriate order thereon (called "referred matter” in this part). Those to whom matters are so referred will be called referees.**
5.3 Authority of referee. A referee may not grant leave to amend or file any pleadings, or to intervene, in a referred matter, upon application tendered at the hearing, if thereby the issues would be unduly broadened, or if thereby the issues would be so narrowed as to make the referred matter one which should properly be referred to a different referee.**
5.3a Appearances for interveners. A person may enter his appearance at the hearing in proceedings upon applications under sections 206, 207, 208, 209, 211, 213, and 214 of the Act, without formal intervention or other pleading: Provided he discloses fully the identity of the party or parties in whose behalf the appearance is to be entered; that he states the interest of such party in the proceeding and the position he intends to take therein; and shows that his contentions will be reasonably pertinent to the issues already presented
**For statutory and source citations, see note to $ 5.1.
and disclaims any right to broaden them unduly. Those in whose behalf appearances are entered in this manner thereby become parties to the proceeding, as if upon leave they had become interveners by the filing of a petition in intervention.***
5.4 Formal complaints: substance; number of copies. Formal complaints must be filed with the Commission at Washington and should be accompanied by a statement of the point at which hearing is desired. They should specifically name the States in which the assailed rates, fares, or charges apply. Addresses of all defendants should be shown in order to insure proper service. Sufficient copies must accompany each formal complaint to enable the Commission to serve one upon each defendant, to supply one to the State board of each State included within the scope of the complaint, and to retain three for its own use.**
5.5 Communication of informal complaints. Informal complaints may be communicated to the Commission at Washington or at the nearest district office of the Bureau of Motor Carriers of the Commission. **
5.6 Protests against applications: specifications; matters to be stated. Protests against applications under any provisions of the Motor Carrier Act, 1935, or any requirement established pursuant thereto, must conform to the requirements of § 1.21. They must contain a concise statement of the interest of the protestant in the proceeding and the grounds upon which the protest is based, and when practicable each ground of protest should be set up in separately numbered paragraphs.**
5.7 Shortened procedure: memoranda; copies; service. shortened procedure cases sufficient copies of memoranda should be submitted to enable the Commission to retain five copies, in addition to the original, for use by itself and the referees, and to make service upon each party previously designated to receive copies.**
5.8 Procedure in referred matter: briefs; proposed reports; exceptions. In referred matters, which are governed so far as applicable by the usual procedure of the Commission as to "proposed report” cases ($ 1.14), the referee will fix the time for the simultaneous filing of briefs; and after the expiration of such time will file with the Commission a report and recommended order containing the statement of the issues and facts and the findings and recommended conclusions, which will be served by the Commission. Exceptions may be taken as provided by $ 1.14 (d) (4). If no exceptions are filed within the period allowed the referee's recommended order shall become the order of the Commission and become effective unless within such period it is stayed or postponed by the Commission. If exceptions
District offices, numbered as follows, are maintained at the following points : 1, Boston, Mass.; 2, New York, N. Y.; 3, Philadelphia, Pa.; 4, Pittsburgh, Pa.; 5, Charlotte, N. C.; 6, Atlanta, Ga.; 7, Nashville, Tenn. ; 8, Chicago, Ill. ; 9, Minneapolis, Minn. ; 10, Kansas City, Mo.; 11, Little Rock, Ark. ; 12, Fort Worth, Tex. ; 13, Denver, Colo.; 14, Salt Lake City, Utah; 15, Portland, Oreg. ; 16, San Francisco, Calif.
**For statutory and source citations, see note to $ 5.1. **For statutory and source citations, see note to $ 5.1.
are filed within the period allowed the Commission will grant such review or make such orders or hold or authorize such further hearings or proceedings in the premises as may be necessary or proper. In all cases where an order becomes effective within the meaning of this section a notice to that effect will be served on the parties.*
5.9 Petition for rehearing, reargument, or reconsideration: filing; service. A petition for rehearing, reargument, or reconsideration of an order entered in proceedings under the provisions of sections 206, 209, or 211 of the Act, whereby applicants, after formal hearing, have been granted a certificate, permit, or license, must be filed within 30 days after service of the final report therein, or after service of notice that the recommended order of the referee has become effective, and the date of mailing of the report or notice to the parties shall be considered as the date of the service.**
5.10 Petition for staying of order; grounds to be stated; verification; filing. Whenever the Commission orders, without hearing, that a certificate of public convenience and necessity or a permit, under section 206 or 209 of the Act shall be issued and become effective on a designated date unless on the Commission's own motion or for good cause shown it is otherwise ordered, petitions for the staying of the order or for the withholding of the issuance of such certificate or permit, or other objection thereto, must be in writing, which shall contain a statement of the grounds relied upon, and be verified by one having knowledge of the facts therein stated. Such petition or objection shall be filed at the office of the Commission in Washington at least 10 days prior to the date designated in the order for the issuance of such certificate or permit.**
5.11 Application: forms; filing and service. Applications for the granting of any right, privilege, authority, or relief under any provision of part II of the Interstate Commerce Act, or any requirement established pursuant thereto, and the reporting of certain information pursuant thereto, shall be in the form and contain the information called for on the appropriate form for each purpose as provided in part 7, and shall be filed and served, and shall otherwise conform to the instructions contained on the pertinent form.**
5.12 Notice of hearings. Service of notice of hearings on applications for
Certificates of public convenience and necessity filed under sections 206 and 207 of the Motor Carrier Act, 1935;
Permits under section 209 of such Act;
Brokerage licenses under section 211 of such Act shall hereafter be made by mailing a copy of such notice by registered mail to the State Board, and to the Governor, of each State, in which the motor carrier or brokerage operations involved in the application are, or are proposed to be, conducted, to the applicant, to each protestant of record, and to each competing motor, rail, or water carrier named in the application; and by posting a copy thereof in the office of the secretary of the Commission and at the office of the district director of each district, within which the motor carrier or brokerage operations involved in the application are, or are proposed to be, conducted. (Part II, secs. 205 (f), 206, 207, 209, 211, 49 Stat. 548, 551, 552, 554; 19 U.S.C., Sup., 305, 306, 307, 309, 311) [In the matter of notice of hearings on applications by motor carriers for certificates, permits and change of route, and by brokers for licenses, ICC, July 8, 1937] PART 6-JOINT BOARD PROCEDURE, MOTOR CARRIER
Page 45 Page 46
Sec. 6.1 General.
6.11 Procedural rulings in case of dis6.2 Organization.
agreement. 6.3 Meetings.
6.12 Exhibits, number of copies to be 6.4 Hours for conduct of hearings,
furnished. 6.5 Conduct of hearings.
6.13 Continuance; fixing date and
place. 6.6 Designation of examiner.
6.14 Briefs, time for filing; reply briefs 6.7 Procedure in referred matters.
not permitted. 6.8 Pleadings part of record.
6.15 Form of orders and reports; serv6.9 Leave to amend or file pleadings, ice.
or to intervene, not to be granted 6.16 Termination of jurisdiction.
6.17 Procedure in case of non-action 6.10 Action on certain motions.
by joint board.
Section 6.1 General. A matter which the Interstate Commerce Commission, hereinafter called the Commission, refers to a joint board will be so referred by special order of the Commission. Correspondence concerning matters so referred to joint boards should be directed to the Interstate Commerce Commission, Washington, D. C.**
*88 6.1 to 6.17, inclusive, issued under the authority contained in Part II, sec. 205, 49 Stat. 548; 49 U.S.C., Sup., 305.
*In $$ 6.1 to 6.17, inclusive, the numbers to the right of the decimal point correspond with the respective rule numbers in Rules governing meetings and procedure of joint ds, Interstate Commerce Commission, Jan. 1937.
6.2 Organization. After a joint board has been created the board shall select one of its members to act as chairman for all purposes concerning matters which may be referred to it. In the event the member so selected is absent from any meeting of such board the members attending shall select one of such members temporarily to act as chairman.**
6.3 Meetings. Meetings of a joint board for hearings shall be called by the Commission, and due notice thereof given to all members of the board. Where reasonably possible, meetings shall be called at the offices of a Commission in one of the States involved.*
6.4 Hours for conduct of hearings. The hearing in any proceeding before a joint board shall begin at the hour designated by the Commission in its notice of hearing, and thereafter shall continue for such time and in such manner as the joint board may determine.**
6.5 Conduct of hearings. With the understanding that the joint board will recommend the appropriate order, accompanied by the reasons therefor, a hearing assigned before a joint board may be conducted by any member or members thereof in the absence of the other member or members. **
**For statutory and source citations, see note to 8 6.1. **For statutory and source citations, see note to g 6.1.
6.6 Designation of examiner. The Commission will designate an examiner or examiners to advise with and assist the joint board in any referred matter to the extent that such joint board may desire.*
6.7 Procedure in referred matters. Procedure in referred matters shall be governed, when not specifically covered by the rules in this part, by the Commission's Rules of Practice so far as applicable.*+ CROSS REFERENCE: For general rules of practice of the Commission, see Part 1.
6.8 Pleadings part of record. All pleadings in referred matters shall constitute part of the record before the joint board without special admission or incorporation therein. This section shall not dispense with the necessity for proof of the facts alleged in a pleading when relied upon by the party who filed it.**
6.9 Leave to amend or file pleadings, or to intervene, not to be granted in certain cases. A joint board may in its discretion grant leave to amend or to file any pleadings, or to intervene, in a referred matter, upon application tendered either prior to or at the hearing, but in no event shall it grant such leave if thereby the issues would be unduly broadened, or if thereby the issues would be so narrowed as to make the referred matter one which should properly be referred to a different joint board or other referee. **
6.10 Action on certain motions. Action on motions the granting of which would have the effect of preventing consideration of the merits of a referred matter or a substantial part thereof may be reserved by a joint board for final disposition by the Commission.*+
6.11 Procedural rulings in case of disagreement. If the members of a joint board or a majority thereof in actual attendance at a hearing shall be unable to agree upon the disposition of a procedural question arising therein, the chairman (or acting chairman) shall decide the question and rule or order accordingly.**
6.12 Exhibits, number of copies to be furnished. When exhibits of a documentary character are to be offered in evidence the joint board shall require that the original and one copy of each be furnished for the use of the Commission (to be delivered respectively to the official reporter and to the examiner); and, unless the joint board shall otherwise direct, that copies be furnished to each of the members of the Board for their use, and to opposing parties or their counsel. Whenever practicable, the parties should interchange copies of proposed exhibits before or at the commencement of the hearing.**
6.13 Continuance; fixing date and place. In case it is impossible to conclude a hearing within the time available, or for any reason a continuance is necessary or advisable, the joint board shall not set a date and place for the continued hearing without first consulting the Commission. If consulting the Commission is impracticable, the hearing shall be adjourned to such time and place as the Commission subsequently shall determine.*