[Code of Federal Regulations]
[Title 31, Volume 2]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 31CFR501.726]

[Page 581-582]
 
                  TITLE 31--MONEY AND FINANCE: TREASURY
 
 CHAPTER V--OFFICE OF FOREIGN ASSETS CONTROL, DEPARTMENT OF THE TREASURY
 
PART 501_REPORTING, PROCEDURES AND PENALTIES REGULATIONS--Table of Contents
 
          Subpart D_Trading With the Enemy Act (TWEA) Penalties
 
Sec. 501.726  Motions.

    (a) Generally. Unless made during a hearing or conference, a motion 
shall be in writing, shall state with particularity the grounds 
therefor, shall set forth the relief or order sought, and shall be 
accompanied by a written brief of the points and authorities relied 
upon. Motions by a respondent must be filed with the Administrative Law 
Judge and served upon the Director through the Office of Chief Counsel 
and with any other party respondent or respondent's representative, 
unless otherwise directed by the Administrative Law Judge. Motions by 
the Director must be filed with the Administrative Law Judge and served 
upon each party respondent or respondent's representative. All written 
motions must be served in accordance with, and otherwise meet the 
requirements of, Sec. 501.705. The Administrative Law Judge may

[[Page 582]]

order that an oral motion be submitted in writing. No oral argument 
shall be heard on any motion unless the Administrative Law Judge 
otherwise directs.
    (b) Opposing and reply briefs. Except as provided in Sec. 
501.741(e), briefs in opposition to a motion shall be filed not later 
than 15 days after service of the motion. Reply briefs shall be filed 
not later than 3 days after service of the opposition. The failure of a 
party to oppose a written motion or an oral motion made on the record 
shall be deemed a waiver of objection by that party to the entry of an 
order substantially in the form of any proposed order accompanying the 
motion.
    (c) Dilatory motions. Frivolous, dilatory, or repetitive motions are 
prohibited. The filing of such motions may form the basis for sanctions.
    (d) Length limitation. Except as otherwise ordered by the 
Administrative Law Judge, a brief in support of, or in opposition to, a 
motion shall not exceed 15 pages, exclusive of pages containing any 
table of contents, table of authorities, or addendum.
    (e) A motion to set aside a default shall be made within a 
reasonable time as determined by the Administrative Law Judge, state the 
reasons for the failure to appear or defend, and, if applicable, specify 
the nature of the proposed defense in the proceeding. In order to 
prevent injustice and on such conditions as may be appropriate, the 
Administrative Law Judge, at any time prior to the filing of his or her 
decision, or the Secretary's designee, at any time during the review 
process, may for good cause shown set aside a default.