[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: 40CFR179.89] [Page 293] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) PART 179--FORMAL EVIDENTIARY PUBLIC HEARING--Table of Contents Subpart E--Hearing Procedures Sec. 179.89 Motions. A motion, unless made in the course of a preliminary conference or a transcribed oral hearing before the presiding officer, must be filed in the manner prescribed by Sec. 179.80 and include a draft order. A response may be filed within 10 days of service of a motion. The moving party has no right to reply, except as permitted by the presiding officer. The presiding officer shall rule upon the motion.