[Code of Federal Regulations]
[Title 49, Volume 5]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR511.23]

[Page 40]
 
                        TITLE 49--TRANSPORTATION
 
                            OF TRANSPORTATION
 
PART 511--ADJUDICATIVE PROCEDURES--Table of Contents
 
   Subpart C--Prehearing Procedures; Motions; Interlocutory Appeals; 
                      Summary Judgment; Settlement
 
Sec. 511.23  Motions.

    (a) Presentations and dispositions. During the time a proceeding is 
before a Presiding Officer, all motions, whether oral or written, except 
those filed under Sec. 511.42(e), shall be addressed to the Presiding 
Officer, who shall rule upon them promptly after affording an 
opportunity for response.
    (b) Written motions. All written motions shall state the particular 
order, ruling, or action desired and the grounds therefor. If a motion 
is supported by memoranda, affidavits or other documents, they shall be 
served and filed with the motion. All motions shall contain a proposed 
order setting forth the relief sought. All written motions shall be 
filed with the Executive Secretary and served on all parties, and all 
motions addressed to the Administrator shall be in writing.
    (c) Responses. Within ten (10) days after service of any written 
motion or petition or within such longer or shorter time as may be 
designated by these Rules or by the Presiding Officer or the 
Administrator, the opposing party or parties shall file a written 
response to such motion. Where a motion would affect only a single 
party, or an identifiable group of parties, the Presiding Officer or 
Administrator may limit the response to the motion to the affected party 
or parties. Failure to respond to a written motion may, in the 
discretion of the Presiding Officer be deemed as consent to the granting 
of the relief sought in the motion. The moving party shall have no right 
to reply, except as permitted by the Presiding Officer or the 
Administrator.
    (d) Rulings on motions for dismissal. When a motion to dismiss a 
complaint or motion for other relief is granted with the result that the 
proceeding before the Presiding Officer is terminated, the Presiding 
Officer shall issue an Initial Decision and Order thereon in accordance 
with the provisions of Sec. 511.51. If such a motion is granted as to 
all issues alleged in the complaint in regard to some, but not all, of 
the respondents, or is granted as to any part of the allegations in 
regard to any or all of the respondents, the Presiding Officer shall 
enter an order on the record and consider the remaining issues in the 
Initial Decision. The Presiding Officer may elect to defer ruling on a 
motion to dismiss until the close of the case.