[Code of Federal Regulations]
[Title 4, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 4CFR28.21]

[Page 39-40]
 
                            TITLE 4--ACCOUNTS
 
               CHAPTER I--GOVERNMENT ACCOUNTABILITY OFFICE
 
PART 28_GOVERNMENT ACCOUNTABILITY OFFICE PERSONNEL APPEALS BOARD; PROCEDURES 
 
                          Subpart B_Procedures
 
Sec.  28.21  Amendments to petitions and motions practice.

    (a) Amendments to petitions. The Board, at its discretion, may allow 
amendments to a petition as long as all persons who are parties to the 
proceeding have adequate notice to prepare for the new allegations and 
if to do so would not prejudice the rights of the other parties or 
unduly delay the proceedings.
    (b) Motions practice. (1) When an action is before an administrative 
judge, motions of the parties shall be filed with the Clerk of the Board 
and shall be in writing except for oral motions made during the hearing. 
An original and 3 copies of written motions shall be filed with the 
Clerk of the Board. An original and 3 copies of responses in opposition 
to written motions must be

[[Page 40]]

filed with the Clerk of the Board within 20 days of service of the 
motion unless the administrative judge requires a shorter time.
    (2) When an action is before the full Board, an original and 7 
copies of any motion shall be filed with the Clerk of the Board. An 
original and 7 copies of any responses in opposition to motions must be 
filed with the Clerk of the Board within 20 days of service of the 
motion unless the Board requires a shorter time.
    (3) A party filing a motion for extension of time, a motion for 
postponement of a hearing, or any other procedural motion must first 
contact the other party to determine whether there is any objection to 
the motion and must state in the motion whether the other party has any 
objection.
    (4) No motions, responses or other submissions will be accepted for 
filing by the Clerk of the Board after 4 p.m., Monday through Friday. 
All written submissions shall be served simultaneously upon the other 
parties to the proceeding. A certificate of service must be attached 
showing service by mail, facsimile or personal delivery of the 
submission to the other parties. Further submissions by either party may 
be filed only with the approval of the administrative judge or full 
Board.
    (5) All written motions and responses thereto shall include a 
proposed order, where applicable.
    (6) Motions for extension of time will be granted only upon a 
showing of good cause.
    (7) Oral argument. The administrative judge may allow oral argument 
on the motion at his or her discretion.
    (c) Motions for summary judgment. (1) Either party may move for 
summary judgment by filing a written motion no later than 14 days prior 
to the commencement of the hearing or as otherwise ordered by the 
administrative judge.
    (2) Motions for summary judgment must be accompanied by a statement 
of material facts for which there is no genuine dispute and a statement 
of reasons in support of the motion. The motion may be supported by 
documents, affidavits, or other evidence.
    (3) Summary judgment will be granted if the pleadings, depositions, 
answers to interrogatories, admissions, affidavits, if any, and other 
documents show that there is no genuine issue as to any material fact 
and that the moving party is entitled to judgment as a matter of law.
    (4) A party moving for summary judgment must make a showing 
sufficient to establish the existence of each element essential to that 
party's cause of action and for which that party bears the burden of 
proof.
    (5) When a party moves for summary judgment, the Board will evaluate 
the motion on its own merits, resolving all reasonable inferences 
against the moving party.

[68 FR 69300, Dec. 12, 2003]