Any party upon request shall be allowed a reasonable time for
presentation of oral argument and shall be permitted to file a pre-
hearing brief or other written statement of fact or law. A copy of any
such pre-hearing brief or other written statement shall be filed with
the Chief Administrative Law Judge or the administrative law judge
assigned to the case before or during the proceeding at which evidence
is submitted to the administrative law judge and shall be served upon
each other party. Post-hearing briefs will not be permitted except at
the request of the administrative law judge or upon averment on the
record of a party that the case presents a specific novel or difficult
legal or factual issue (or issues) that cannot be adequately addressed
in oral summation. When permitted, any such brief shall be limited to
the issue or issues specified by the administrative law judge or by the
party in his or her averment and shall be due from any party desiring to
address such issue or issues within 15 days of the conclusion of the
proceeding at which evidence is submitted to
the administrative law judge. Enlargement of the time for filing such
briefs shall be granted only if the administrative law judge is
persuaded that the brief will be helpful to him or her and that the
enlargement granted will not delay decision of the case.
[42 FR 42552, Aug. 23, 1977]
