Sec. 1.298 Rulings; time for action.
(a) Unless it is found that irreparable injury would thereby be
caused one of the parties, or that the public interest requires
otherwise, or unless all parties have consented to the contrary,
consideration of interlocutory requests will be withheld until the time
for filing oppositions (and replies, if replies are allowed) has
expired. As a matter of discretion, however, requests for continuances
and extensions of time, requests for permission to file pleadings in
excess of the length prescribed in this chapter, and requests for
temporary relief may be ruled upon ex parte without waiting for the
filing of responsive pleadings.
[[Page 148]]
(b) In the discretion of the presiding officer, rulings on
interlocutory matters may be made orally at the hearing. The presiding
officer may, in his discretion, state his reasons on the record or
subsequently issue a written statement of the reasons for his ruling,
either separately or as part of the initial decision.
[ 28 FR 12425 , Nov. 22, 1963, as amended at 29 FR 6444 , May 16, 1964; 41 FR 14874 , Apr. 8, 1976]
Appeal and Reconsideration of Presiding Officer's Ruling
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