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.

   (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