[Code of Federal Regulations]
[Title 7, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR1.143]

[Page 45]
 
                          TITLE 7--AGRICULTURE
 
PART 1_ADMINISTRATIVE REGULATIONS--Table of Contents
 
 Subpart H_Rules of Practice Governing Formal Adjudicatory Proceedings 
           Instituted by the Secretary Under Various Statutes
 
Sec. 1.143  Motions and requests.

    (a) General. All motions and requests shall be filed with the 
Hearing Clerk, and served upon all the parties, except (1) requests for 
extensions of time pursuant to Sec. 1.147, (2) requests for subpoenas 
pursuant to Sec. 1.149, and (3) motions and requests made on the record 
during the oral hearing. The Judge shall rule upon all motions and 
requests filed or made prior to the filing of an appeal of the Judge's 
decision pursuant to Sec. 1.145, except motions directly relating to 
the appeal. Thereafter, the Judicial Officer will rule on any motions 
and requests, as well as the motions directly relating to the appeal.
    (b) Motions entertained. (1) Any motion will be entertained other 
than a motion to dismiss on the pleading.
    (2) All motions and request concerning the complaint must be made 
within the time allowed for filing an answer.
    (c) Contents. All written motions and requests shall state the 
particular order, ruling, or action desired and the grounds therefor.
    (d) Response to motions and requests. Within 20 days after service 
of any written motion or request, or within such shorter or longer 
period as may be fixed by the Judge or the Judicial Officer, an opposing 
party may file a response to the motion or request. The other party 
shall have no right to reply to the response; however, the Judge or the 
Judicial Officer, in the Judge's or the Judicial Officer's discretion, 
may order that a reply be filed.
    (e) Certification to the judicial officer. The submission or 
certification of any motion, request, objection, or other question to 
the Judicial Officer prior to the filing of an appeal pursuant to Sec. 
1.145 shall be made by and in the discretion of the Judge. The Judge may 
either rule upon or certify the motion, request, objection, or other 
question to the Judicial Officer, but not both.

[42 FR 743, Jan. 4, 1977, as amended at 55 FR 30673, July 27, 1990; 68 
FR 6340, Feb. 7, 2003]