[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR2200.40]

[Page 269]
 
                             TITLE 29--LABOR
 
      CHAPTER XX--OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
 
PART 2200_RULES OF PROCEDURE--Table of Contents
 
                     Subpart C_Pleadings and Motions
 
Sec. 2200.40  Motions and requests.

    (a) How to make. A request for an order shall be made by motion. 
Motions shall be in writing or, unless the Judge directs otherwise, may 
be made orally during a hearing on the record and shall be included in 
the transcript. In exigent circumstances in cases pending before Judges, 
a motion may be made telephonically if it is reduced to writing and 
filed as soon as possible but no later than 3 working days following the 
time the motion was made. A motion shall state with particularity the 
grounds on which it is based and shall set forth the relief or order 
sought. A motion shall not be included in another document, such as a 
brief or a petition for discretionary review, but shall be made in a 
separate document. Prior to filing a motion, the moving party shall 
confer or make reasonable efforts to confer with the other parties and 
shall state in the motion if any other party opposes or does not oppose 
the motion.
    (b) When to make. A motion filed in lieu of an answer pursuant to 
Sec. 2200.34(b) shall be filed no later than twenty days after the 
service of the complaint. Any other motion shall be made as soon as the 
grounds therefor are known.
    (c) Responses. Any party or intervenor upon whom a motion is served 
shall have ten days from service of the motion to file a response. A 
procedural motion may be ruled upon prior to the expiration of the time 
for response; a party adversely affected by the ruling may within five 
days of service of the ruling seek reconsideration.
    (d) Postponement not automatic upon filing of motion. The filing of 
a motion, including a motion for a postponement, does not automatically 
postpone a hearing. See Sec. 2200.62 with respect to motions for 
postponement.

[51 FR 32015, Sept. 8, 1986; 52 FR 13832, Apr. 27, 1987, as amended at 
57 FR 41685, Sept. 11, 1992; 62 FR 35963, July 3, 1997]