[Code of Federal Regulations]
[Title 5, Volume 3, Parts 1200 to end]
[Revised as of January 1, 1999]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR2423.21]
[Page 393-394]
TITLE 5--ADMINISTRATIVE PERSONNEL
CHAPTER XIV--FEDERAL LABOR RELATIONS AUTHORITY, GENERAL COUNSEL OF THE
FEDERAL LABOR RELATIONS AUTHORITY AND FEDERAL SERVICE IMPASSES PANEL
PART 2423--UNFAIR LABOR PRACTICE PROCEEDINGS--Table of Contents
Subpart B--Post Complaint, Prehearing Procedures
Sec. 2423.21 Motions procedure.
(a) General requirements. All motions, except those made during a
prehearing conference or hearing, shall be in writing. Motions for an
extension of time, postponement of a hearing, or any other procedural
ruling shall include a statement of the position of the other parties on
the motion. All written motions and responses in subparts B, C, or D of
this part shall satisfy the filing and service requirements of part 2429
of this subchapter.
(b) Motions made to the Administrative Law Judge. Prehearing motions
and motions made at the hearing shall be filed with the Administrative
Law
[[Page 394]]
Judge. Unless otherwise specified in subparts B or C of this part, or
otherwise directed or approved by the Administrative Law Judge:
(1) Prehearing motions shall be filed at least 10 days prior to the
hearing, and responses shall be filed within 5 days after the date of
service of the motion;
(2) Responses to motions made during the hearing shall be filed
prior to the close of hearing;
(3) Posthearing motions shall be filed within 10 days after the date
the hearing closes, and responses shall be filed within 5 days after the
date of service of the motion; and
(4) Motions to correct the transcript shall be filed with the
Administrative Law Judge within 10 days after receipt of the transcript,
and responses shall be filed within 5 days after the date of service of
the motion.
(c) Post-transmission motions. After the case has been transmitted
to the Authority, motions shall be filed with the Authority. Responses
shall be filed within 5 days after the date of service of the motion.
(d) Interlocutory appeals. Motions for an interlocutory appeal of
any ruling and responses shall be filed in accordance with this section
and Sec. 2423.31(c).