[Code of Federal Regulations]

[Title 33, Volume 1]

[Revised as of July 1, 2005]

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

[CITE: 33CFR20.309]



[Page 76-77]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY

 

PART 20_RULES OF PRACTICE, PROCEDURE, AND EVIDENCE FOR FORMAL 

ADMINISTRATIVE PROCEEDINGS OF THE COAST GUARD--Table of Contents

 

                     Subpart C_Pleadings and Motions

 

Sec. 20.309  Motions.



    (a) A person may apply for an order or ruling not specifically 

provided for in this subpart, but shall apply for it by motion. Each 

written motion must comply with the requirements of this subpart for 

form, filing, and service. Each motion must state clearly and 

concisely--

    (1) Its purpose, and the relief sought;

    (2) Any statutory or regulatory authority; and

    (3) The facts constituting the grounds for the relief sought.

    (b) A proposed order may accompany a motion.

    (c) Each motion must be in writing; except that one made at a 

hearing will be sufficient if stated orally upon the record, unless the 

ALJ directs that it be reduced to writing.

    (d) Except as otherwise required by this part, a party shall file 

any response to a written motion 10 days or less after service of the 

motion. When a party makes a motion at a hearing, an oral response to 

the motion made at the hearing is timely.

    (e) Unless the ALJ orders otherwise, the filing of a motion does not 

stay a proceeding.

    (f) The ALJ will rule on the record either orally or in writing. She 

or he



[[Page 77]]



may summarily deny any dilatory, repetitive, or frivolous motion.