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Title 49 — TransportationRelease 119-73not60

§1323 Service of Notice in Board Proceedings

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

Last updated Apr 5, 2026|Official source

Summary

A carrier the Board regulates must pick an agent to receive Board notices and actions. The carrier must file that agent’s name in writing with the Board and can change it later by filing a new written notice the same way. The Board will serve notices at the agent’s office or usual home. Orders must be served immediately or in another way allowed by law. If the carrier has no agent, the Board can post the notice at its office. For rail carriers without an agent, serving the carrier’s attorney‑in‑fact counts as notice.

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 The designation may be changed at any time in the same manner as originally made.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 5, 2026

Release point: 119-73not60