(a) Whenever, on the Secretary's own motion or upon acceptance of a
party's petition, the Secretary believes that a Decision and Order may
warrant modifying or vacating, the Secretary shall issue a Notice of
Intent to modify or vacate.
(b) The Notice of Intent to Modify or Vacate a Decision and Order
shall specify the issue or issues to be considered, the form in which
submission shall be made (i.e., briefs, oral argument, etc.), and the
time within which such presentation shall be submitted. The Secretary
shall closely limit the time within which the briefs must be filed or
oral presentations made, so as to avoid unreasonable delay.
(c) The Notice of Intent shall be issued within thirty (30) days
after the date of the Decision and Order in question.
(d) Service of the Notice of Intent shall be made upon each party to
the proceeding, and upon the Chief Administrative Law Judge, in person
or by certified mail.
[54 FR 13330, Mar. 31, 1989]
