Ask X3What does 49 CFR 386.4 (Appearances and rights of parties) require?
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Short answer
49 CFR 386.4 requires a party to file a notice of appearance in a proceeding, which must include the representative's contact information and be served on each party before participating in the proceeding. A separate notice of appearance is required for each case.
The rule says
"A party may appear in person, by counsel, or by other representative, as the party elects, in a proceeding under this subpart." (49 CFR 386.4(a))
"A person representing a party must file a notice of appearance in the proceeding, in the manner provided in 386.7 of this subpart." (49 CFR 386.4(b))
"A separate notice of appearance must be filed by a representative in each case." (49 CFR 386.4(c))
In plain English
This rule is about how parties can participate in a proceeding under this subpart. They can appear in person, with a lawyer, or with another representative. But if someone is representing a party, they need to file a notice of appearance, which includes their contact information. This notice needs to be served on all other parties before they can start participating in the proceeding.
What to do
- File a notice of appearance in the required manner (49 CFR 386.7) before participating in a proceeding.
- Include the representative's contact information (name, address, telephone number, and facsimile number) in the notice of appearance.
- Serve a copy of the notice of appearance on each party in the proceeding.
- File a separate notice of appearance for each case.