[Code of Federal Regulations]
[Title 40, Volume 21]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR164.60]

[Page 174-175]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
Subpart B--General Rules of Practice Concerning Proceedings (Other Than 
                           Expedited Hearings)
 
Sec. 164.60  Motions.

    (a) General. All motions, except those made orally during the course 
of a public hearing or as otherwise provided by this part, shall be in 
writing and shall state with particularity the grounds therefor, shall 
set forth the relief or order sought, and shall be filed with the 
hearing clerk and served on all parties.
    (b) Response to motions. Within 10 days after service of any motion 
filed pursuant to this part, or within such other time as may be fixed 
by the Administrator, his designee, or the Administrative Law Judge, any 
party may serve and file an answer to the motion. The movant shall, if 
requested by the Administrator, his designee, or the Administrative Law 
Judge, serve and file reply papers within the time set by the request.
    (c) Decision. The Administrative Law Judge shall rule upon all 
motions filed or made prior to the filing of his initial or accelerated 
decision at the time of filing on ex parte motions or where the movant 
has stated that no party objects to the granting of such motion. 
Otherwise, such decision shall await the answering papers and reply 
papers if permitted. The Environmental Appeals Board shall rule upon all 
motions

[[Page 175]]

filed after the filing of the initial or accelerated decision. Oral 
argument of motions will be permitted only if the Administrative Law 
Judge or the Environmental Appeals Board deems it necessary.

[38 FR 19371, July 20, 1973, as amended at 57 FR 5343, Feb. 13, 1992]

                       Subpoenas and Witness Fees