43 CFR 35.28

§ 35.28 Motions.

United States · 43 CFR — Public Lands: Interior · Status: effective

Cite this

Citation: 43 CFR 35.28, § 35.28 Motions, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/209864
Permanent ID: ys:prov:209864@1
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Full text

(a) Any application to the ALJ for an order or ruling shall be by motion. Motions shall state the relief sought, the authority relied upon, and the facts alleged, and shall be filed with the ALJ and served on all other parties. (b) Except for motions made during a pre-hearing conference or at the hearing, all motions shall be in writing. The ALJ may require that oral motions be reduced to writing. (c) Within 15 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 such motion. (d) The ALJ may not grant a written motion before the time for filing responses thereto has expired, except upon consent of the parties or following a hearing on the motion, but may overrule or deny such motion without awaiting a response. (e) The ALJ shall make a reasonable effort to dispose of all outstanding motions prior to the beginnings 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.