[Code of Federal Regulations]

[Title 31, Volume 3]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 31CFR501.726]



[Page 67-68]

 

                  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 68]]



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.