42 CFR 3.528

§ 3.528 Motions.

United States · 42 CFR — Public Health · Status: effective

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Citation: 42 CFR 3.528, § 3.528 Motions, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/200422
Permanent ID: ys:prov:200422@1
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Full text

(a) An application to the ALJ for an order or ruling must be by motion. Motions must state the relief sought, the authority relied upon and the facts alleged, and must be filed with the ALJ and served on all other parties. (b) Except for motions made during a prehearing conference or at the hearing, all motions must be in writing. The ALJ may require that oral motions be reduced to writing. (c) Within 10 days after a written motion is served, or such other time as may be fixed by the ALJ, any party may file a response to the motion. (d) The ALJ may not grant a written motion before the time for filing responses has expired, except upon consent of the parties or following a hearing on the motion, but may overrule or deny the motion without awaiting a response. (e) The ALJ must make a reasonable effort to dispose of all outstanding motions before the beginning of the hearing.

Legislative history

This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.