[Code of Federal Regulations]

[Title 45, Volume 3]

[Revised as of October 1, 2005]

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

[CITE: 45CFR672.5]



[Page 233]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VI--NATIONAL SCIENCE FOUNDATION

 

PART 672_ENFORCEMENT AND HEARING PROCEDURES--Table of Contents

 

Sec. 672.5  Filing and service of rulings, orders, and decisions.



    (a) All rulings, orders, decisions, and other documents issued by 

the Presiding Officer shall be filed with the Hearing Clerk. Copies of 

all such documents shall be served personally, or by certified mail, 

return receipt requested, upon all parties.

    (b) Computation. In computing any period of time prescribed or 

allowed in these rules, except as otherwise provided, computation is by 

calendar days and does not include the day of the event from which the 

designated period begins to run. When a stated time expires on a 

Saturday, Sunday or legal holiday, the stated time period shall be 

extended to include the next business day.

    (c) Extensions of time. The Presiding Officer may grant an extension 

of time for the filing of any pleading, document, or motion (1) upon 

timely motion of a party to the proceeding, for good cause shown, and 

after consideration of prejudice to other parties, or (2) upon his own 

motion. Such a motion by a party may only be made after notice to all 

other parties, unless the movant can show good cause why serving notice 

is impracticable. The motion shall be filed in advance of the date on 

which the pleading, document or motion is due to be filed, unless the 

failure of a party to make timely motion for extension of time was the 

result of excusable neglect.

    (d) Service by mail. Service of the complaint is complete when the 

return receipt is signed. Service of all other pleadings and documents 

is complete upon mailing. Where a pleading or document is served by 

mail, five (5) days shall be added to the time allowed by these rules 

for the filing of a responsive pleading or document.

    (e) Ex parte discussion of proceeding. At no time after the issuance 

of the complaint shall the Presiding Officer, or any other person who is 

likely to advise these officials in the decision on the case, discuss ex 

parte the merits of the proceeding with any interested person outside 

the Agency, with any Agency staff member who performs a prosecutorial or 

investigative function in the proceeding or other factually related 

proceeding, or with any representative of such person. Any ex parte 

memorandum or other communication addressed to the Presiding Officer 

during the pendency of the proceedinq and relating to the merits 

thereof, by or on behalf of any party, shall be regarded as argument 

made in the proceeding and shall be served upon all other parties. The 

Presiding Officer shall give the other parties an opportunity to reply.

    (f) Subject to the provisions of law restricting the public 

disclosure of confidential information, any person may, during Agency 

business hours, inspect and copy any document filed in any proceeding. 

Such documents shall be made available by the Hearing Clerk.

    (g) The person seeking copies of any documents filed in a proceeding 

shall bear the cost of duplication. Upon a formal request the Agency may 

waive this cost in appropriate cases.