§1323. Service of notice in Board proceedings

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 The designation may be changed at any time in the same manner as originally made.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

(Added Pub. L. 104–88, title II, §201(a), Dec. 29, 1995, 109 Stat. 937 , §723; renumbered §1323 and amended Pub. L. 114–110, §§3(a)(5), 8(a), Dec. 18, 2015, 129 Stat. 2228 , 2232.)

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".