[Code of Federal Regulations]

[Title 40, Volume 24]

[Revised as of July 1, 2006]

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

[CITE: 40CFR209.14]



[Page 162]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 209_RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE NOISE CONTROL 

ACT OF 1972--Table of Contents

 

 Subpart A_Rules of Practice Governing Hearings for Orders Issued Under 

                 Section 11(d) of the Noise Control Act

 

Sec.  209.14  Motions.



    (a) All motions, except those made orally during the course of the 

hearing, shall be in writing, shall state the grounds with 

particularity, and shall set forth the relief or order sought.

    (b) Within 10 days after service of any motion filed under this 

section or within such other time as may be fixed by the Environmental 

Appeals Board or the administrative law judge, as appropriate, any party 

may serve and file an answer to the motion. The movant shall, by leave 

of the Environmental Appeals Board or the administrative law judge, as 

appropriate, serve and file reply papers within the time set by the 

request.

    (c) The administrative law judge shall rule upon all motions filed 

or made subsequent to his or her appointment and prior to the filing of 

his or her decision or accelerated decision, as appropriate. The 

Environmental Appeals Board shall rule upon all motions filed before the 

appointment of the administrative law judge and all motions filed after 

the filing of the decision of the administrative law judge or 

accelerated decision. Oral argument of motions will be permitted only if 

the administrative law judge or the Environmental Appeals Board, as 

appropriate, deems it necessary.



[43 FR 34132, Aug. 3, 1978, as amended at 57 FR 5344, Feb. 13, 1992]