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Title 49, TransportationRelease 119-110

§1323 Service of Notice in Board Proceedings

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

Last updated Sep 22, 2026|Official source

Summary

Carriers the Board oversees must pick a person to receive official notices and actions for them. They must put that choice in writing and file it with the Board, and they can change it the same way. Notices go to the agent at the agent’s office or usual home. If there is no agent, the Board may post the notice at its office. For rail carriers without an agent, giving notice to a person legally authorized to act for the carrier counts as giving notice to the carrier.

Full Legal Text

Title 49, §1323

Transportation, Source: USLM XML via OLRC

(a)Designation of Agent.—
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)Filing and Changing Designations.—
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 The designation may be changed at any time in the same manner as originally made.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)Service of Notice.—
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)Special Rule for Rail Carriers.—
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

Sep 22, 2026

Release point: 119-110