§ 386.36 Motions for Final Order.
Current wording, effective November 17, 2023.
Link(a) toGenerally. anUnless amendmentotherwise publishedprovided atin 70this FR 28483section, Maythe 18,motion 2005.and
Linktoanswer anwill amendmentbe publishedgoverned atby 70§ FR386.34. 28483,Either Mayparty 18,may 2005.file a
() Motionsmotion tofor dismissfinal order. The motion must be madeserved withinin accordance with §§ 386.6 and 386.7. If the timematter setis forstill replypending orbefore petitionthe toservice reviewcenter, exceptupon motionsfiling, tothe dismissmatter foris lackofficially oftransferred jurisdictionfrom the service center to the Agency Decisionmaker, whichwho maywill bethen madepreside atover anythe timematter.
(b) MotionsForm forand content. (1) Movant's filing must contain a moremotion definiteand statementmemorandum of law, which may be madeseparate or combined and must include all responsive pleadings, notices, and other filings in lieuthe ofcase ato replydate.
(2) The motion for final order must pointbe outaccompanied theby defectswritten complainedevidence ofin andaccordance thewith details§ desired386.49.
(3) IfThe the motion iswill granted,state with particularity the pleadinggrounds complainedupon ofwhich mustit beis remediedbased withinand 15the dayssubstantial matters of thelaw grantingto ofbe theargued. motionA orFinal itOrder willmay be stricken.issued Ifif, after reviewing the motionrecord isin denied,a thelight partymost whofavorable requestedto the morenon-moving definiteparty, statementthe mustAgency fileDecisionmaker his/herdetermines pleadingno withingenuine 10issue daysexists afteras theto denialany material fact.Effective(c) DateAnswer Note:to
At70Motion. FRThe 28483,non-moving Mayparty 18will, 2005,within §45 386.36days wasof Redesignatedservice asof §the 386.35motion andfor afinal neworder, §submit 386.36and wasserve added,a effectiveresponse Novemberto 14,rebut 2005movant's motion.
[70 ForFR the28483, convenienceMay of18, the2005, useras theamended addedat text88 isFR set80183, forthNov. as17, follows:2023]
(a) Generally. Unless otherwise provided in this section, the motion and answer will be governed by § 386.34. Either party may file a motion for final order. The motion must be served in accordance with §§ 386.6 and 386.7. If the matter is still pending before the service center, upon filing, the matter is officially transferred from the service center to the Agency Decisionmaker, who will then preside over the matter.
(b) Form and content. (1) Movant's filing must contain a motion and memorandum of law, which may be separate or combined and must include all responsive pleadings, notices, and other filings in the case to date.
(2) The motion for final order must be accompanied by written evidence in accordance with § 386.49.
(3) The motion will state with particularity the grounds upon which it is based and the substantial matters of law to be argued. A Final Order may be issued if, after reviewing the record in a light most favorable to the non-moving party, the Agency Decisionmaker determines no genuine issue exists as to any material fact.
(c) Answer to Motion. The non-moving party will, within 45 days of service of the motion for final order, submit and serve a response to rebut movant's motion.
[70 FR 28483, May 18, 2005, as amended at 88 FR 80183, Nov. 17, 2023]
Amendment history
4 distinct wordings on file since Oct. 1, 1996- [70 FR 28483, May 18, 2005, as amended at 88 FR 80183, Nov. 17, 2023]
- [70 FR 28483, May 18, 2005]
- Oct. 1, 1996 → Oct. 1, 2005annual editions 1996–2004
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. Set a case date in the header to read any earlier wording.