---
kind: "section"
citation: "49 U.S.C. § 1323"
title: "49"
title_heading: "Transportation"
number: "1323"
heading: "Service of notice in Board proceedings"
release: "119-102"
url: "https://uscodex.org/usc/49/1323"
units:
  - "Subtitle II — Other Government Agencies"
  - "Chapter 13 — Surface Transportation Board"
  - "Subchapter II — Administrative"
---

# §1323. Service of notice in Board proceedings

- (a) **Designation of Agent.—** A carrier providing [transportation](/usc/49/13907.md?p=e-2) 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)](#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 The designation may be changed at any time in the same manner as originally made.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](/usc/49/24901.md?p=2) 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.

## Source credit

(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.)

## Notes

### 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”.