[Code of Federal Regulations]
[Title 7, Volume 4]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR283.18]

[Page 953]
 
                          TITLE 7--AGRICULTURE
 
    CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 283_APPEALS OF QUALITY CONTROL (``QC'') CLAIMS--Table of Contents
 
            Subpart B_Appeals of QC Claims of $50,000 or More
 
Sec.  283.18  Motions and requests.

    (a) Filing. All motions and requests shall be filed with the Hearing 
Clerk, and served upon all the parties by the moving or requesting 
party, except motions and requests made on the record during the oral 
hearing. The ALJ assigned to the appeal or the Chief Judge shall rule 
upon all motions and requests filed or made prior to seeking review of 
the ALJ's initial decision pursuant to Sec.  283.20, except motions 
directly relating to such review. Thereafter, the Judicial Officer shall 
rule on any motions and requests as well as the motions directly 
relating to the review of the ALJ's initial decision.
    (b) Time for filing. Any motion or request may be filed at any time, 
except that:
    (1) Motions to dismiss pursuant to Sec.  283.5 must be filed within 
the time allowed for filing an answer; and
    (2) Motions for reconsideration must be filed within 30 days of 
service of the ALJ's initial decision pursuant to Sec.  283.17(d).
    (c) Contents. All written motions and requests shall state the 
particular order, ruling, or action desired and the grounds therefor.
    (d) Response to motions and requests. Within 10 days after service 
of any written motion or request or within such shorter or longer period 
as may be fixed by the ALJ or Judicial Officer, an opposing party may 
file a response to the motion or request. The moving party shall have no 
right to reply to the response; however, the ALJ or Judicial Officer may 
order that a reply be filed.
    (e) Certification to the Judicial Officer. The submission or 
certification of any motion, request, objection, or other question to 
the Judicial Officer prior to the seeking of review pursuant to Sec.  
283.20 shall be made by and in the discretion of the ALJ. The ALJ may 
either rule upon or certify the motion, request, objection, or other 
question to the Judicial Officer, but not both.