[Code of Federal Regulations]

[Title 7, Volume 4]

[Revised as of January 1, 2006]

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

[CITE: 7CFR283.18]



[Page 969]

 

                          TITLE 7--AGRICULTURE

 

    CHAPTER II--FOOD AND NUTRITION SERVICE, DEPARTMENT OF AGRICULTURE

 

PART 283_APPEALS OF QUALITY CONTROL (``QC'') CLAIMS--Table of Contents

 

            Subpart B_Appeals of QC Claims of $50,000 or More

 

Sec. 283.18  Motions and requests.



    (a) Filing. All motions and requests shall be filed with the Hearing 

Clerk, and served upon all the parties by the moving or requesting 

party, except motions and requests made on the record during the oral 

hearing. The ALJ assigned to the appeal or the Chief Judge shall rule 

upon all motions and requests filed or made prior to seeking review of 

the ALJ's initial decision pursuant to Sec. 283.20, except motions 

directly relating to such review. Thereafter, the Judicial Officer shall 

rule on any motions and requests as well as the motions directly 

relating to the review of the ALJ's initial decision.

    (b) Time for filing. Any motion or request may be filed at any time, 

except that:

    (1) Motions to dismiss pursuant to Sec. 283.5 must be filed within 

the time allowed for filing an answer; and

    (2) Motions for reconsideration must be filed within 30 days of 

service of the ALJ's initial decision pursuant to Sec. 283.17(d).

    (c) Contents. All written motions and requests shall state the 

particular order, ruling, or action desired and the grounds therefor.

    (d) Response to motions and requests. Within 10 days after service 

of any written motion or request or within such shorter or longer period 

as may be fixed by the ALJ or Judicial Officer, an opposing party may 

file a response to the motion or request. The moving party shall have no 

right to reply to the response; however, the ALJ or Judicial Officer may 

order that a reply be filed.

    (e) Certification to the Judicial Officer. The submission or 

certification of any motion, request, objection, or other question to 

the Judicial Officer prior to the seeking of review pursuant to Sec. 

283.20 shall be made by and in the discretion of the ALJ. The ALJ may 

either rule upon or certify the motion, request, objection, or other 

question to the Judicial Officer, but not both.