[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 45CFR79.28]



[Page 291-292]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 79_PROGRAM FRAUD CIVIL REMEDIES--Table of Contents

 

Sec.  79.28  Motions.



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

motion. Motions shall state the relief sought, the authority relied 

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

motions be reduced to writing.



[[Page 292]]



    (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 such 

motion.

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

filing responses thereto 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 shall make a reasonable effort to dispose of all 

outstanding motions prior to the beginning of the hearing.