[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: 34CFR81.11]



[Page 231-232]

 

                           TITLE 34--EDUCATION

 

PART 81_GENERAL EDUCATION PROVISIONS ACT_ENFORCEMENT--Table of Contents

 

                      Subpart A_General Provisions

 

Sec.  81.11  Motions.



    (a) To obtain an order or a ruling from an ALJ, a party shall make a 

motion to the ALJ.

    (b) Except for a request for an extension of time, a motion must be 

made in writing unless the parties appear in person or participate in a 

conference telephone call. The ALJ may require a party to reduce an oral 

motion to writing.

    (c) If a party files a motion, the party shall serve a copy of the 

motion on the other party on the filing date by hand-delivery or by 

mail. If agreed upon by the parties, service of the motion may be made 

upon the other party by facsimile transmission.

    (d) Except for a request for an extension of time, the ALJ may not 

grant a party's written motion without the consent of the other party 

unless the other party has had at least 21 days from the date of service 

of the motion to respond. However, the ALJ may deny a motion without 

awaiting a response.



[[Page 232]]



    (e) The date of service of a motion is determined by the standards 

for determining a filing date in Sec.  81.12(d).



(Authority: 20 U.S.C. 1221e-3, 1234(f)(1), and 3474(a))



[54 FR 19512, May 5, 1989, as amended at 57 FR 56795, Nov. 30, 1992]