[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: 5CFR2430.9]
[Page 428-429]
TITLE 5--ADMINISTRATIVE PERSONNEL
CHAPTER XIV--FEDERAL LABOR RELATIONS AUTHORITY, GENERAL COUNSEL OF THE
FEDERAL LABOR RELATIONS AUTHORITY AND FEDERAL SERVICE IMPASSES PANEL
PART 2430--AWARDS OF ATTORNEY FEES AND OTHER EXPENSES--Table of Contents
Sec. 2430.9 Answer to application; reply to answer; comments by other parties; extensions of time to file documents.
(a) Within 30 days after service of an application, the General
Counsel may file an answer to the application. The filing of a motion to
dismiss the application shall stay the time for filing an answer to a
date thirty (30) days after issuance of any order denying the motion.
(b) If the General Counsel and the applicant believe that the issues
in the fee application can be settled, they may jointly file a statement
of their intent to negotiate toward a settlement. The filing of such a
statement shall extend the time for filing an answer for an additional
30 days.
(c) The answer shall explain in detail any objections to the award
requested,
[[Page 429]]
and identify the facts relied on in support of the General Counsel's
position. If the answer is based on alleged facts not already in the
record of the proceeding, supporting affidavits shall be provided or a
request made for further proceedings under Sec. 2430.11.
(d) Within fifteen (15) days after service of an answer, the
applicant may file a reply. If the reply is based on alleged facts not
already in the record of the proceeding, supporting affidavits shall be
provided or a request made for further proceedings under Sec. 2430.11.
(e) Any party to a proceeding other than the applicant and the
General Counsel may file comments on an application within 30 days after
it is served, or on an answer within 15 days after it is served. A
commenting party may not participate further in the proceeding on the
application unless the Administrative Law Judge determines that such
participation is required in order to permit full exploration of matters
raised in the comments.
(f) Motions for extensions of time to file documents permitted by
this section or Sec. 2430.11 shall be filed with the Administrative Law
Judge not less than five (5) days before the due date of the document.