[Code of Federal Regulations]
[Title 16, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR1025.23]

[Page 76-77]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1025--RULES OF PRACTICE FOR ADJUDICATIVE PROCEEDINGS--Table of Contents
 
   Subpart C--Prehearing Procedures, Motions, Interlocutory Appeals, 
                     Summary Judgments, Settlements
 
Sec. 1025.23  Motions.

    (a) Presentation and disposition. During the time a matter in 
adjudication is before the Presiding Officer, all motions, whether oral 
or written, except those filed under Sec. 1025.42(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 with 
particularity the order, ruling, or action desired and the reasons why 
the action should be granted. Memoranda, affidavits, or other documents 
supporting a motion 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 Secretary and served upon 
all parties, and all motions addressed to the Commission shall be in 
writing.
    (c) Opposition to motions. Within ten (10) days after service of any 
written motion or petition or within such

[[Page 77]]

longer or shorter time as may be designated by these Rules or by the 
Presiding Officer or the Commission, any party who opposes the granting 
of the requested order, ruling or action may file a written response to 
the motion. Failure to respond to a written motion may, in the 
discretion of the Presiding Officer, be considered as consent to the 
granting of the relief sought in the motion. Unless otherwise permitted 
by the Presiding Officer or the Commission, there shall be no reply to 
the response expressing opposition to the motion.
    (d) Rulings on motions for dismissal. When a motion to dismiss a 
complaint or a motion for other relief is granted, with the result that 
the proceedings before the Presiding Officer are terminated, the 
Presiding Officer shall issue an Initial Decision and Order in 
accordance with the provisions of Sec. 1025.51. If such a motion is 
granted as to all issues alleged in the complaint in regard to some, but 
not all, respondents or is granted as to any part of the allegations in 
regard to any or all 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.