---
kind: "section"
citation: "20 C.F.R. § 498.213"
title: "20"
number: "498.213"
heading: "Motions."
url: "https://uscodex.org/cfr/20/498.213"
---

# §498.213. Motions.

- (a) An application to the ALJ for an order or ruling will be by motion. Motions will:
  - (1) State the relief sought, the authority relied upon and the facts alleged; and
  - (2) **Be filed with the ALJ and served on all other parties.**
- (b) Except for motions made during a prehearing conference or at a hearing, all motions will be in writing.
- (c) Within 10 days after a written motion is served, or such other time as may be fixed by the ALJ, any party may file a response to such motion.
- (d) The ALJ may not grant or deny a written motion before the time for filing responses has expired, except upon consent of the parties or following a hearing on the motion.
- (e) The ALJ will make a reasonable effort to dispose of all outstanding motions prior to the beginning of the hearing.
- (f) **There is no right to appeal to the DAB any interlocutory ruling by the ALJ.**

## Notes

### Amendments

[61 FR 65470, Dec. 13, 1996]

### Authority

Authority: Secs. 702(a)(5), 1129, and 1140 of the Social Security Act (42 U.S.C. 902(a)(5), 1320a-8, and 1320b-10).

### Source

Source: 60 FR 58226, Nov. 27, 1995, unless otherwise noted.

### Amendments

[61 FR 65470, Dec. 13, 1996]