Title 45 Part 1149 → Subpart E → §1149.23

Title 45 → Subtitle B → Chapter XI → Subchapter B → Part 1149 → Subpart E → §1149.23

Electronic Code of Federal Regulations e-CFR

Title 45 Part 1149 → Subpart E → §1149.23

e-CFR data is current as of April 1, 2020

Title 45Subtitle BChapter XISubchapter BPart 1149Subpart E → §1149.23

Title 45: Public Welfare
Subpart E—Procedures Following Service of a Complaint

§1149.23   May I file a motion to reopen my case?

(a) You may file a motion with the ALJ asking him/her to reopen the case at any time before an initial decision becomes final. The ALJ may only reopen a case if, in this motion, he/she determines that you set forth extraordinary circumstances that prevented you from filing a timely answer. The initial decision will be stayed until the ALJ makes a decision on your motion to reopen. The reviewing official may respond to the motion.

(b) If the ALJ determines that you have demonstrated extraordinary circumstances excusing your failure to file a timely answer, the ALJ will withdraw the initial decision and grant you an opportunity to answer the complaint.

(c) A decision by the ALJ to deny your motion to reopen a case is not subject to review or reconsideration.