[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

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

[CITE: 34CFR33.28]



[Page 81]

 

                           TITLE 34--EDUCATION

 

PART 33_PROGRAM FRAUD CIVIL REMEDIES ACT--Table of Contents

 

Sec.  33.28  Motions.



    (a) Any application to the ALJ for an order or ruling must be by 

motion. Motions must state the relief sought, the authority relied upon, 

and the facts alleged, and must be filed with the ALJ and served on all 

other parties.

    (b) Except for motions made during a prehearing conference or at the 

hearing, all motions must be in writing. The ALJ may require that oral 

motions be reduced to writing.

    (c) Within 15 days after a written motion is served, or such other 

time as may be fixed by the ALJ, any party may file a response to the 

motion.

    (d) The ALJ may not grant a written motion before the time for 

filing responses to the motion has expired, except upon consent of the 

parties or following a hearing on the motion, but may overrule or deny 

the motion without awaiting a response.

    (e) The ALJ shall make a reasonable effort to dispose of all 

outstanding motions prior to the beginning of the hearing.



(Authority: 31 U.S.C. 3803(g)(3)(A))