[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR209.14]

[Page 160]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 209--RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE NOISE CONTROL 
ACT OF 1972--Table of Contents
 
Subpart A--Rules of Practice Governing Hearings for Orders Issued Under 
                 Section 11(d) of the Noise Control Act
 
Sec. 209.14  Motions.

    (a) All motions, except those made orally during the course of the 
hearing, shall be in writing, shall state the grounds with 
particularity, and shall set forth the relief or order sought.
    (b) Within 10 days after service of any motion filed under this 
section or within such other time as may be fixed by the Environmental 
Appeals Board or the administrative law judge, as appropriate, any party 
may serve and file an answer to the motion. The movant shall, by leave 
of the Environmental Appeals Board or the administrative law judge, as 
appropriate, serve and file reply papers within the time set by the 
request.
    (c) The administrative law judge shall rule upon all motions filed 
or made subsequent to his or her appointment and prior to the filing of 
his or her decision or accelerated decision, as appropriate.  The 
Environmental Appeals Board shall rule upon all motions filed before the 
appointment of the administrative law judge and all motions filed after 
the filing of the decision of the administrative law judge or 
accelerated decision. Oral argument of motions will be permitted only if 
the administrative law judge or the Environmental Appeals Board, as 
appropriate, deems it necessary.

[43 FR 34132, Aug. 3, 1978, as amended at 57 FR 5344, Feb. 13, 1992]