[Code of Federal Regulations]
[Title 10, Volume 4]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR820.39]

[Page 502-503]
 
                            TITLE 10--ENERGY
 
                    CHAPTER III--DEPARTMENT OF ENERGY
 
PART 820_PROCEDURAL RULES FOR DOE NUCLEAR ACTIVITIES--Table of Contents
 
                      Subpart B_Enforcement Process
 
Sec. 820.39  Motions.

    (a) General. All motions in an enforcement adjudication except those 
made orally, shall be in writing, state

[[Page 503]]

the grounds therefor with particularity, set forth the relief or order 
sought, and be accompanied by any affidavit, certificate, other 
evidence, or legal memorandum relied upon.
    (b) Answer to motions. Except as otherwise specified by a particular 
provision of this part or by the Presiding Officer, a party shall have 
the right to file a written answer to the motion of another party within 
10 days after the filing of such motion. The answer shall be accompanied 
by any affidavit, certificate, other evidence, or legal memorandum 
relied upon. If no answer is filed within the designated period, the 
party may be deemed to have waived any objection to the granting of the 
motion. The Presiding Officer may set a shorter or longer time for an 
answer, or make such other orders concerning the disposition of motions 
as he deems appropriate.
    (c) Decision. The Presiding Officer shall rule on a motion as soon 
as practicable after the filing of the answer. The decision of the 
Presiding Officer on any motion shall not be subject to administrative 
appeal.