[Code of Federal Regulations]
[Title 40 Volume 25]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR305.23]

[Page 355]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
                    Subpart C--Prehearing Procedures
 
Sec. 305.23  Motions.

    (a) General. All motions, except those made orally on the record 
during a hearing, shall: be in writing; state the grounds therefor with 
particularity; set forth the relief sought and a proposed order; and be 
accompanied by an affidavit, certificate, other evidence, or legal 
memorandum relied upon. Such motions shall be served as provided by 
Sec. 305.5(b)(2)(i).
    (b) Response to motions. A party's response to any written motion 
must be filed within 10 days after service of such motion, unless 
additional time is allowed for such response. The response shall be 
accompanied by any affidavit, certificate, other evidence or legal 
memorandum relied upon. If no response is filed within the designated 
period, the parties may be deemed to have waived any objection to the 
granting of the motion. The Presiding Officer may set a shorter time for 
response, or make such other orders concerning the disposition of 
motions as he deems appropriate.
    (c) Decision. The Presiding Officer, or Chief Administrative Law 
Judge, in the absence of a Presiding Officer, shall rule on all motions. 
Oral argument on motions will be permitted in the discretion of the 
Presiding Officer. See Sec. 305.4(a) concerning motions to extend the 
time limit for final orders.