---
kind: "section"
citation: "29 C.F.R. § 18.94"
title: "29"
number: "18.94"
heading: "Indicative ruling on a motion for relief that is barred by a pending petition for review."
url: "https://uscodex.org/cfr/29/18.94"
---

# §18.94. Indicative ruling on a motion for relief that is barred by a pending petition for review.

- (a) **Relief pending review.** If a timely motion is made for relief that the judge lacks authority to grant because a petition for review has been docketed and is pending, the judge may:
  - (1) Defer considering the motion;
  - (2) Deny the motion; or
  - (3) State either that the judge would grant the motion if the reviewing body remands for that purpose or that the motion raises a substantial issue.
- (b) **Notice to reviewing body.** The movant must promptly notify the clerk of the reviewing body if the judge states that he or she would grant the motion or that the motion raises a substantial issue.
- (c) **Remand.** The judge may decide the motion if the reviewing body remands for that purpose.

## 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.