---
kind: "section"
citation: "43 C.F.R. § 4.1018"
title: "43"
number: "4.1018"
heading: "What are the requirements for motions?"
url: "https://uscodex.org/cfr/43/4.1018"
---

# §4.1018. What are the requirements for motions?

- (a) **General.** Any party may apply for an order or ruling on any matter related to the hearing process by presenting a motion to the ALJ. A motion may be presented any time after DCHD issues the docketing notice.
  - (1) A motion made at a hearing may be stated orally on the record, unless the ALJ directs that it be written.
  - (2) **Any other motion must—**
    - (i) Be in writing;
    - (ii) Comply with the requirements of this subpart with respect to form, content, filing, and service; and
    - (iii) **Not exceed 10 pages, unless the ALJ orders otherwise.**
- (b) **Content.**
  - (1) Each motion must state clearly and concisely:
    - (i) Its purpose and the relief sought;
    - (ii) The facts constituting the grounds for the relief sought; and
    - (iii) **Any applicable statutory or regulatory authority.**
  - (2) A proposed order must accompany the motion.
- (c) **Response.** Except as otherwise required by this subpart or by order of the ALJ, any other party may file a response to a written motion within 14 days after service of the motion. When a party presents a motion at a hearing, any other party may present a response orally on the record.
- (d) **Reply.** Unless the ALJ orders otherwise, no reply to a response may be filed.
- (e) **Effect of filing.** Unless the ALJ orders otherwise, the filing of a motion does not stay the hearing process.
- (f) **Ruling.** The ALJ will rule on the motion as soon as feasible, either orally on the record or in writing. The ALJ may summarily deny any dilatory, repetitive, or frivolous motion.

## Notes

### Authority

Authority: 5 U.S.C. 301; 25 U.S.C. 2, 9, 479a-1.

### Source

Source: 80 FR 48459, Aug. 13, 2015, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 301, 503-504; 25 U.S.C. 9, 372-74, 410, 2201 et seq.; 43 U.S.C. 1201, 1457; Pub. L. 99-264, 100 Stat. 61, as amended.

### Source

Source: 36 FR 7186, Apr. 15, 1971, unless otherwise noted.