What does 49 CFR 386.16 (Action on replies to the Notice of Claim) require?

Short answer

49 CFR 386.16 requires the Agency Counsel to serve written evidence and argument in support of the Notice of Claim within 60 days of the respondent's reply, and the respondent to serve its written evidence and argument within 45 days of the Agency Counsel's submission.

The rule says

"Agency Counsel must serve all written evidence and argument in support of the Notice of Claim no later than 60 days following service of respondent's reply." (49 CFR 386.16(a)(1))

"Respondent will, not later than 45 days following service of Agency Counsel's written evidence and argument, serve its written evidence and argument on the Agency Decisionmaker" (49 CFR 386.16(a)(2))

In plain English

This section outlines the procedures for submitting written evidence and arguments in response to a Notice of Claim. The Agency Counsel has 60 days to submit its evidence and arguments, and the respondent has 45 days to respond. The Agency Decisionmaker may then issue a Final Order based on the submitted evidence and arguments.

What to do

• Review the Notice of Claim and respond within the specified timeframe.
• Ensure all written evidence and arguments are served on the Agency Decisionmaker in accordance with 49 CFR 386.6 and 386.7.
• Be prepared to submit additional evidence or arguments as requested by the Agency Decisionmaker.
• Familiarize yourself with the procedures outlined in 49 CFR 386.16 to ensure compliance and a smooth process.