Title 38 Part 42 → §42.28

Title 38 → Chapter I → Part 42 → §42.28

Electronic Code of Federal Regulations e-CFR

Title 38 Part 42 → §42.28

e-CFR data is current as of April 8, 2020

Title 38Chapter IPart 42 → §42.28

Title 38: Pensions, Bonuses, and Veterans' Relief

§42.28   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.

(c) Within 15 days after a written motion is served, or such other time as may be fixed by the ALJ, any part 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 the 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.