[Code of Federal Regulations]
[Title 45, Volume 1]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR81.58]

[Page 315-316]
 
                        TITLE 45--PUBLIC WELFARE
 
                           AND HUMAN SERVICES
 
PART 81_PRACTICE AND PROCEDURE FOR HEARINGS UNDER PART
80 OF THIS TITLE--Table of Contents
 
                 Subpart F_Proceedings Prior to Hearing
 
Sec. 81.58  Disposition of motions and petitions.

    The reviewing authority or the presiding officer may not sustain or 
grant a written motion or petition prior to expiration of the time for 
filing responses thereto, but may overrule or deny such motion or 
petition without awaiting response: Provided, however, That prehearing 
conferences, hearings

[[Page 316]]

and decisions need not be delayed pending disposition of motions or 
petitions. Oral motions and petitions may be ruled on immediately. 
Motions and petitions submitted to the reviewing authority or the 
presiding officer, respectively, and not disposed of in separate rulings 
or in their respective decisions will be deemed denied. Oral arguments 
shall not be held or written motions or petitions unless the presiding 
officer in his discretion expressly so orders.