§ 1.735   Fee remittance; electronic filing; copies; service; separate filings
against multiple defendants.

   Link to an amendment published at  83 FR 44832 , September 4, 2018.

   Link to an amendment published at  83 FR 44832 , September 4, 2018.

   (a) Complaints may generally be brought against only one named carrier;
   such actions may not be brought against multiple defendants unless the
   defendant carriers are commonly owned or controlled, are alleged to
   have acted in concert, are alleged to be jointly liable to complainant,
   or the complaint concerns common questions of law or fact. Complaints
   may, however, be consolidated by the Commission for disposition.

   (b) The complainant shall remit separately the correct fee either by
   check, wire transfer, or electronically, in accordance with part 1,
   subpart G (see § 1.1106 of this chapter) and, shall file an original
   copy of the complaint, using the Commission's Electronic Comment Filing
   System, and, on the same day:

   (1) If the complaint is filed against a carrier concerning matters
   within the responsibility of the International Bureau (see § 0.261 of
   this chapter), serve, by email, a copy on the Chief, Policy Division,
   International Bureau; and

   (2) If a complaint is addressed against multiple defendants, pay a
   separate fee, in accordance with part 1, subpart G (see § 1.1106), for
   each additional defendant.

   (c) The complainant shall serve the complaint by hand delivery on
   either the named defendant or one of the named defendant's registered
   agents for service of process on the same date that the complaint is
   filed with the Commission in accordance with the requirements of
   paragraph (b) of this section.

   (d) Upon receipt of the complaint by the Commission, the Commission
   shall promptly send, by email, to each defendant named in the
   complaint, notice of the filing of the complaint. The Commission shall
   send, by email, to each defendant named in the complaint, a copy of the
   complaint. The Commission shall additionally send, by email, to all
   parties, a schedule detailing the date the answer and any other
   applicable pleading will be due and the date, time, and location of the
   initial status conference.

   (e) Parties shall provide hard copies of all submissions to staff in
   the Market Disputes Resolution Division of the Enforcement Bureau upon
   request.

   (f) All subsequent pleadings and briefs filed in any formal complaint
   proceeding, as well as all letters, documents, or other written
   submissions, shall be filed using the Commission's Electronic Comment
   Filing System. In addition, all pleadings and briefs filed in any
   formal complaint proceeding, as well as all letters, documents, or
   other written submissions, shall be served by the filing party on the
   attorney of record for each party to the proceeding, or, where a party
   is not represented by an attorney, each party to the proceeding either
   by hand delivery, overnight delivery, or email, together with a proof
   of such service in accordance with the requirements of § 1.47(g).
   Service is deemed effective as follows:

   (1) Service by hand delivery that is delivered to the office of the
   recipient by 5:30 p.m., local time of the recipient, on a business day
   will be deemed served that day. Service by hand delivery that is
   delivered to the office of the recipient after 5:30 p.m., local time of
   the recipient, on a business day will be deemed served on the following
   business day;

   (2) Service by overnight delivery will be deemed served the business
   day following the day it is accepted for overnight delivery by a
   reputable overnight delivery service; or

   (3) Service by email that is fully transmitted to the office of the
   recipient by 5:30 p.m., local time of the recipient, on a business day
   will be deemed served that day. Service by email that is fully
   transmitted to the office of the recipient after 5:30 p.m., local time
   of the recipient, on a business day will be deemed served on the
   following business day.

   (g) Supplemental complaint proceedings. Supplemental complaints filed
   pursuant to § 1.722 shall conform to the requirements set forth in this
   section, except that the complainant need not submit a filing fee, and
   the complainant may effect service pursuant to subsection (e) and (f)
   of this section rather than paragraph (c) of this section.

   [ 79 FR 73846 , Dec. 12, 2014]

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