[Code of Federal Regulations]
[Title 40, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR22.16]

[Page 249]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 22_CONSOLIDATED RULES OF PRACTICE GOVERNING THE ADMINISTRATIVE 
 
                     Subpart C_Prehearing Procedures
 
Sec. 22.16  Motions.

    (a) General. Motions shall be served as provided by Sec. 
22.5(b)(2). Upon the filing of a motion, other parties may file 
responses to the motion and the movant may file a reply to the response. 
Any additional responsive documents shall be permitted only by order of 
the Presiding Officer or Environmental Appeals Board, as appropriate. 
All motions, except those made orally on the record during a hearing, 
shall:
    (1) Be in writing;
    (2) State the grounds therefor, with particularity;
    (3) Set forth the relief sought; and
    (4) Be accompanied by any affidavit, certificate, other evidence or 
legal memorandum relied upon.
    (b) Response to motions. A party's response to any written motion 
must be filed within 15 days after service of such motion. The movant's 
reply to any written response must be filed within 10 days after service 
of such response and shall be limited to issues raised in the response. 
The Presiding Officer or the Environmental Appeals Board may set a 
shorter or longer time for response or reply, or make other orders 
concerning the disposition of motions. The response or reply shall be 
accompanied by any affidavit, certificate, other evidence, or legal 
memorandum relied upon. Any party who fails to respond within the 
designated period waives any objection to the granting of the motion.
    (c) Decision. The Regional Judicial Officer (or in a proceeding 
commenced at EPA Headquarters, the Environmental Appeals Board) shall 
rule on all motions filed or made before an answer to the complaint is 
filed. Except as provided in Sec. Sec. 22.29(c) and 22.51, an 
Administrative Law Judge shall rule on all motions filed or made after 
an answer is filed and before an initial decision has become final or 
has been appealed. The Environmental Appeals Board shall rule as 
provided in Sec. 22.29(c) and on all motions filed or made after an 
appeal of the initial decision is filed, except as provided pursuant to 
Sec. 22.28.
    (d) Oral argument. The Presiding Officer or the Environmental 
Appeals Board may permit oral argument on motions in its discretion.