[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR81.11]

[Page 228-229]
 
                           TITLE 34--EDUCATION
 
PART 81--GENERAL EDUCATION PROVISIONS ACT--ENFORCEMENT--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 81.11  Motions.

    (a) To obtain an order or a ruling from an ALJ, a party shall make a 
motion to the ALJ.
    (b) Except for a request for an extension of time, a motion must be 
made in writing unless the parties appear in person or participate in a 
conference telephone call. The ALJ may require a party to reduce an oral 
motion to writing.
    (c) If a party files a motion, the party shall serve a copy of the 
motion on the other party on the filing date by hand-delivery or by 
mail. If agreed upon by the parties, service of the motion may be made 
upon the other party by facsimile transmission.
    (d) Except for a request for an extension of time, the ALJ may not 
grant a party's written motion without the consent of the other party 
unless the other party has had at least 21 days from the date of service 
of the motion to respond. However, the ALJ may deny a motion without 
awaiting a response.

[[Page 229]]

    (e) The date of service of a motion is determined by the standards 
for determining a filing date in Sec. 81.12(d).

(Authority: 20 U.S.C. 1221e-3, 1234(f)(1), and 3474(a))

[54 FR 19512, May 5, 1989, as amended at 57 FR 56795, Nov. 30, 1992]