[Code of Federal Regulations]

[Title 42, Volume 4]

[Revised as of October 1, 2006]

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

[CITE: 42CFR1005.13]



[Page 1201]

 

                         TITLE 42--PUBLIC HEALTH

 

      GENERAL--HEALTH CARE, DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

PART 1005_APPEALS OF EXCLUSIONS, CIVIL MONEY PENALTIES AND ASSESSMENTS--

 

Sec.  1005.13  Motions.



    (a) An application to the ALJ for an order or ruling will be by 

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

and the facts alleged, and will 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 will be in writing. The ALJ may require that oral 

motions be reduced to writing.

    (c) Within 10 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 such 

motion.

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

filing responses has expired, except upon consent of the parties or 

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

without awaiting a response.

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

outstanding motions prior to the beginning of the hearing.