What does 49 CFR 386.43 (Production of documents and other evidence; entry upon land for inspection and other purposes; and physical and mental examination) require?

Based on 49 CFR 386.43, any party in a proceeding may serve a request on another party to do the following:

* Produce documents or tangible things: Allow the requesting party (or someone acting for them) to inspect, copy, test, or sample designated documents or tangible things that are in the possession, custody, or control of the responding party.

* Allow entry onto property: Permit entry onto designated land or property possessed or controlled by the responding party to inspect, measure, photograph, test, or conduct other related purposes.

* Submit to an examination: Require a physical or mental examination by a physician.

Practical steps and rules for handling a request under 49 CFR 386.43:

* No prior approval needed: The request can be served directly on any party without needing permission from the Agency Decisionmaker or administrative law judge.

* Content of the request: The request must clearly list the items (by individual item or category) with reasonable particularity, and state the specific time, place, and manner for the inspection or examination. If a physical or mental exam is requested, it must also name the person performing it and state the conditions and scope.

* Responding to a request: You have 30 days after service of the request to serve a written response back to the submitting party.

* Content of your response: For each item or category, your response must state either:

1. That the inspection and related activities will be permitted as requested; or

2. That you object in whole or in part, along with the specific reasons for your objection.

* Filing and service: You must serve a copy of every request and every written response on all parties in the case, and file a copy with the Agency Decisionmaker or the administrative law judge (if one has been appointed).