---
kind: "section"
citation: "29 C.F.R. § 18.70"
title: "29"
number: "18.70"
heading: "Motions for dispositive action."
url: "https://uscodex.org/cfr/29/18.70"
---

# §18.70. Motions for dispositive action.

- (a) **In general.** When consistent with statute, regulation or executive order, any party may move under [§ 18.33](/cfr/29/18.33.md) for disposition of the pending proceeding. If the judge determines at any time that subject matter jurisdiction is lacking, the judge must dismiss the matter.
- (b) **Motion to remand.** A party may move to remand the matter to the referring agency. A remand order must include any terms or conditions and should state the reason for the remand.
- (c) **Motion to dismiss.** A party may move to dismiss part or all of the matter for reasons recognized under controlling law, such as lack of subject matter jurisdiction, failure to state a claim upon which relief can be granted, or untimeliness. If the opposing party fails to respond, the judge may consider the motion unopposed.
- (d) **Motion for decision on the record.** When the parties agree that an evidentiary hearing is not needed, they may move for a decision based on stipulations of fact or a stipulated record.

## Notes

### Source

Source: 80 FR 28785, May 19, 2015, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 301; 5 U.S.C. 551-553; 5 U.S.C. 571 note; E.O. 12778; 57 FR 7292.

### Source

Source: 48 FR 32538, July 15, 1983, unless otherwise noted.