---
kind: "section"
citation: "40 C.F.R. § 179.89"
title: "40"
number: "179.89"
heading: "Motions."
url: "https://uscodex.org/cfr/40/179.89"
---

# §179.89. Motions.


A motion, unless made in the course of a preliminary conference or a transcribed oral hearing before the presiding officer, must be filed in the manner prescribed by [§ 179.80](/cfr/40/179.80.md) and include a draft order. A response may be filed within 10 days of service of a motion. The moving party has no right to reply, except as permitted by the presiding officer. The presiding officer shall rule upon the motion.


## Notes

### Authority

Authority: 21 U.S.C. 346a, 371(a); Reorg. Plan No. 3 of 1970.

### Source

Source: 55 FR 50293, Dec. 5, 1990, unless otherwise noted.