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Title 49 — TransportationRelease 119-73

§1323 Service of notice in Board proceedings

Title 49 › Subtitle SUBTITLE II— - OTHER GOVERNMENT AGENCIES › Chapter CHAPTER 13— - SURFACE TRANSPORTATION BOARD › Subchapter SUBCHAPTER II— - ADMINISTRATIVE › § 1323

Last updated Apr 6, 2026|Official source

Summary

Carriers under the Board must name a person to accept official Board notices and actions for them. That choice must be written down and filed with the Board, and it can be changed later the same way. Notices are sent to that person at their office or usual home, and Board actions must be delivered right away or as the law allows. If a carrier has no named person, the Board may post the notice in its office. In rail cases about rates or practices, giving notice to an attorney in fact (a person legally acting for the carrier) counts as giving notice to the carrier.

Full Legal Text

Title 49, §1323

Transportation — Source: USLM XML via OLRC

(a)A carrier providing transportation subject to the jurisdiction of the Board under subtitle IV shall designate an agent on whom service of notices in a proceeding before, and of actions of, the Board may be made.
(b)A designation under subsection (a) shall be in writing and filed with the Board. The designation may be changed at any time in the same manner as originally made.
(c)Except as otherwise provided, notices of the Board shall be served on its designated agent at the office or usual place of residence of that agent. A notice of action of the Board shall be served immediately on the agent or in another manner provided by law. If that carrier does not have a designated agent, service may be made by posting the notice in the office of the Board.
(d)In a proceeding involving the lawfulness of classifications, rates, or practices of a rail carrier that has not designated an agent under this section, service of notice of the Board on an attorney in fact for the carrier constitutes service of notice on the carrier.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2015—Pub. L. 114–110, § 3(a)(3), renumbered section 723 of this title as this section. Subsec. (a). Pub. L. 114–110, § 8(a)(1), struck out “in the District of Columbia,” after “designate an agent”. Subsec. (c). Pub. L. 114–110, § 8(a)(2), struck out “in the District of Columbia” after “ usual place of residence”.

Reference

Citations & Metadata

Citation

49 U.S.C. § 1323

Title 49 — Transportation

Last Updated

Apr 6, 2026

Release point: 119-73