7 CFR 1.327 - Motions.

Code of Federal Regulations - Title 7: Agriculture (December 2005)


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TITLE 7 - AGRICULTURE

SUBTITLE A - OFFICE OF THE SECRETARY OF AGRICULTURE

PART 1 - ADMINISTRATIVE REGULATIONS

subpart l - PROCEDURES RELATED TO ADMINISTRATIVE HEARINGS UNDER THE PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986

1.327 - Motions.

  (a) 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 prehearing conference or at the hearing, all motions shall be in writing. The ALJ may require that oral motions be reduced to writing.

  (c) The ALJ may require written motions to be accompanied by supporting memorandums.

  (d) 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.

  (e) The ALJ may not grant a written motion prior to expiration of the time for filing responses thereto, except upon consent of the parties or following a hearing, but may overrule or deny such motion without awaiting a response.

  (f) The ALJ shall make every reasonable effort to dispose of all outstanding motions prior to the beginning of the hearing.