TITLE 46 - SHIPPING

CHAPTER IV - FEDERAL MARITIME COMMISSION

SUBCHAPTER A - GENERAL AND ADMINISTRATIVE PROVISIONS

PART 502 - RULES OF PRACTICE AND PROCEDURE

subpart m - BRIEFS; REQUESTS FOR FINDINGS; DECISIONS; EXCEPTIONS

502.230 - Reopening by presiding officer or Commission.

  (a) Motion to reopen. At any time after the conclusion of a hearing in a proceeding, but before issuance by the presiding officer of a recommended or initial decision, any party to the proceeding may file with the presiding officer a motion to reopen the proceeding for the purpose of receiving additional evidence. A motion to reopen shall be served in conformity with the requirements of subpart H and shall set forth the grounds requiring reopening of the proceeding, including material changes of fact or of law alleged to have occurred since the conclusion of the hearing.

  (b) Reply. Within ten (10) days following service of a motion to reopen, any party may reply to such motion.

  (c) Reopening by presiding officer. At any time prior to filing his or her decision, the presiding officer upon his or her own motion may reopen a proceeding for the reception of further evidence.

  (d) Reopening by the Commission. Where a decision has been issued by the presiding officer or where a decision by the presiding officer has been omitted, but before issuance of a Commission decision, the Commission may, after petition and reply in conformity with paragraphs (a) and (b) of this section, or upon its own motion, reopen a proceeding for the purpose of taking further evidence.

  (e) Remand by the Commission. Nothing contained in this rule shall preclude the Commission from remanding a proceeding to the presiding officer for the taking of additional evidence or determining points of law. [Rule 230.] [49 FR 44369, Nov. 6, 1984; 49 FR 47394, Dec. 4, 1984]