[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1603.208]

[Page 178-179]
 
                             TITLE 29--LABOR
 
                               COMMISSION
 
                           Subpart B--Hearings
 
Sec. 1603.208  Motions.

    (a) All motions shall state the specific relief requested. All 
motions shall be in writing, except that a motion may be made orally 
during a conference or during the hearing. After providing an 
opportunity for response, the administrative law judge may rule

[[Page 179]]

on an oral motion immediately or may require that it be submitted in 
writing.
    (b) Unless otherwise directed by the administrative law judge, any 
other party may file a response in support of or in opposition to any 
written motion within ten (10) business days after service of the 
motion. If no response is filed within the response period, the party 
failing to respond shall be deemed to have waived any objection to the 
granting of the motion. The moving party shall have no right to reply to 
a response, unless the administrative law judge, in his or her 
discretion, orders that a reply be filed.
    (c) Except for procedural matters, the administrative law judge may 
not grant a written motion prior to the expiration of the time for 
filing responses. The administrative law judge may deny a written motion 
without awaiting a response. The administrative law judge may allow oral 
argument (including that made by telephone) on written motions. Any 
party adversely affected by the ex parte grant of a motion for a 
procedural order may request, within five (5) business days of service 
of the order, that the administrative law judge reconsider, vacate or 
modify the order.
    (d) The administrative law judge may summarily deny dilatory, 
repetitive or frivolous motions. Unless otherwise ordered by the 
administrative law judge, the filing of a motion does not stay the 
proceeding.
    (e) All motions and responses must comply with the filing and 
service requirements of Sec. 1603.209.