[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR68.11]

[Page 222-223]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
 PART 68--RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF UNLAWFUL EMPLOYMENT OF 
ALIENS, UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES, AND DOCUMENT FRAUD--Table of Contents
 
Sec. 68.11  Motions and requests.

    (a) Generally. The Chief Administrative Hearing Officer is 
authorized to act on non-adjudicatory matters relating to a proceeding 
prior to the appointment of an Administrative Law Judge. After the 
complaint is referred to an Administrative Law Judge, any application 
for an order or any other request shall be made by motion which shall be 
made in writing unless the Administrative Law Judge in the course of an 
oral hearing consents to accept such motion orally. The motion or 
request shall state with particularity the grounds therefor, and shall 
set forth the relief or order sought. Motions or requests made during 
the course of any oral hearing or appearance before an Administrative 
Law Judge shall be stated orally and made part of the transcript. 
Whether a motion is made orally or in writing, all parties shall be 
given reasonable opportunity to respond or to object to the motion or 
request.
    (b) Responses to motions. Within ten (10) days after a written 
motion is served, or within such other period as the Administrative Law 
Judge may fix, any party to the proceeding may file a response in 
support of, or in opposition to, the motion, accompanied by such 
affidavits or other evidence upon which he/she desires to rely. Unless 
the Administrative Law Judge provides otherwise, no reply to a response, 
counter-response to a reply, or any further responsive document shall be 
filed.
    (c) Oral arguments or briefs. No oral argument will be heard on 
motions unless the Administrative Law Judge otherwise directs. Written 
memoranda or briefs may be filed with motions or answers to motions, 
stating the points

[[Page 223]]

and authorities relied upon in support of the position taken.

[54 FR 48596, Nov. 24, 1989. Redesignated by Order No. 1534-91, 56 FR 
50053, Oct. 3, 1991]