What does 49 CFR 386.31 (Official notice) require?

Short answer

49 CFR 386.31 requires the Agency Decisionmaker or Administrative Law Judge to notify all parties before taking official notice of any fact or document not in evidence, and allows any party to object within 10 days.

The rule says

"Upon notification to all parties, the Agency Decisionmaker or Administrative Law Judge may take official notice of any fact or document not appearing in evidence in the record." (49 CFR 386.31)

"Any party objecting to the official notice must file an objection within 10 days after service of the notice." (49 CFR 386.31)

In plain English

This rule is about how the Agency Decisionmaker or Administrative Law Judge can use information that isn't already part of the case record. They have to tell all parties involved before using this information, and those parties have a chance to object within 10 days. If a party doesn't object within the 10-day window, they may lose their chance to challenge the information.

What to do

• Review the notice from the Agency Decisionmaker or Administrative Law Judge carefully to understand what information is being considered.
• Determine if you object to the official notice and prepare your objection.
• File your objection within 10 days of receiving the notice.
• Be prepared to support your objection with evidence or arguments.