Page:United States Statutes at Large Volume 109 Part 1.djvu/874

From Wikisource
Jump to: navigation, search
This page needs to be proofread.


109 STAT. 858 PUBLIC LAW 104-88 —DEC. 29, 1995 "(e) WITNESS FEES.— Each witness summoned before the Secretary or whose deposition is taken under this section and the individual taking the deposition are entitled to the same fees and mileage paid for those services in the courts of the United States. "(f) POWERS OF BOARD. — For those provisions of this part that are specified to be carried out by the Board, the Board shall have the same powers as the Secretary has under this section. "§ 13302. Intervention "Under regulations of the Secretary, reasonable notice of, and an opportunity to intervene and participate in, a proceeding under this part related to transportation subject to jurisdiction under subchapter I of chapter 135 shall be given to interested persons. ^*§ 13303. Service of notice in proceedings "(a) AGENTS FOR SERVICE OF PROCESS.^A carrier, a broker, or a freight forwarder providing transportation or service subject to jurisdiction under chapter 135 shall designate, in writing, an agent by name and post office address on whom service of notices in a proceeding before, and of actions of, the Secretary may be made. "(b) FILING WITH STATE.— ^A motor carrier providing transportation under this part shall also file the designation with the appropriate authority of each State in which it operates. The designation may be changed at any time in the same manner as originally made. "(c) NOTICE. —^A notice to a motor carrier, freight forwarder, or broker shall be served personally or by mail on the motor carrier, freight forwarder, or broker or on its designated agent. Service by mail on the designated agent shall be made at the address filed for the agent. When notice is given by mail, the date of mailing is considered to be the time when the notice is served. If a motor carrier, freight forwarder, or broker does not have a designated agent, service may be made by posting a copy of the notice at the headquarters of the Department of Transportation. '*§ 13304. Service of process in court proceedings "(a) DESIGNATION OF AGENT.— ^A motor carrier or broker providing transportation subject to jurisdiction under chapter 135, including a motor carrier or broker operating within the United States while providing transportation between places in a foreign country or between a place in one foreign country and a place in another foreign country, shall designate an agent in each State in which it operates by name and post office address on whom process issued by a court with subject matter jurisdiction may be served in an action brought against that carrier or broker. The designation shall be in writing and filed with the Department of Transportation and each State in which the carrier operates may require that an additional designation be filed with it. If a designation under this subsection is not made, service may be made on any agent of the carrier or broker within that State. "(b) CHANGE.— ^A designation under this section may be changed at any time in the same manner as originally made.