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Historical textIn force on Oct. 1, 1999Source: annual CFR editions 1996–1999

§ 386.35 Motions.

Wording first on file in the 1996 annual edition, superseded by the 2000 annual edition.

govinfo, 1999 edition ↗
Before Jan. 1, 2017 the record is one snapshot per annual CFR edition, revised as of October 1. This is the 1999 edition's wording. An amendment that took effect between Oct. 1, 1999 and Oct. 1, 1999 would not appear until the next edition, so check the citations below and the Federal Register for exact effective dates.

(a) General. An application for an order or ruling not otherwise covered by these rules shall be by motion. All motions filed prior to the calling of the matter for a hearing shall be to the Associate Administrator. All motions filed after the matter is called for hearing shall be to the administrative law judge.

(b) Form. Unless made during hearing, motions shall be made in writing, shall state with particularity the grounds for relief sought, and shall be accompanied by affidavits or other evidence relied upon.

(c) Answers. Except when a motion is filed during a hearing, any party may file an answer in support or opposition to a motion, accompanied by affidavits or other evidence relied upon. Such answers shall be served within 7 days after the motion is served or within such other time as the Associate Administrator or administrative law judge may set.

(d) Argument. Oral argument or briefs on a motion may be ordered by the Associate Administrator or the administrative law judge.

(e) Disposition. Motions may be ruled on immediately or at any other time specified by the administrative law judge or the Associate Administrator.

(f) Suspension of time. The pendency of a motion shall not affect any time limits set in these rules unless expressly ordered by the Associate Administrator or administrative law judge.

Amendment history

4 distinct wordings on file since Oct. 1, 1996
  1. [50 FR 40306, Oct. 2, 1985. Redesignated at 70 FR 28483, May 18, 2005]
  2. Oct. 1, 1996 → Oct. 1, 2000annual editions 1996–1999viewing

A new entry appears whenever the regulatory words change between government snapshots. Day-precise from the eCFR (2017 onward); before that, one snapshot per annual CFR edition (revised as of October 1). Bracketed citations are the Federal Register history printed with the section.